HF 3737

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services programs; striking language 
  1.3             that limits legal noncitizens' eligibility for the 
  1.4             Minnesota food assistance program; changing sanctions; 
  1.5             appropriating money for hard-to-employ Minnesota 
  1.6             family investment program participants; amending 
  1.7             Minnesota Statutes 1998, section 256J.46, as amended; 
  1.8             Minnesota Statutes 1999 Supplement, sections 256D.053, 
  1.9             subdivision 1; and 256J.37, subdivision 9; repealing 
  1.10            Laws 1997, chapter 203, article 9, section 21; and 
  1.11            Laws 1998, chapter 407, article 6, section 111. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.14  256D.053, subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [PROGRAM ESTABLISHED.] The Minnesota food 
  1.16  assistance program is established to provide food assistance to 
  1.17  legal noncitizens residing in this state who are ineligible to 
  1.18  participate in the federal Food Stamp Program solely due to the 
  1.19  provisions of section 402 or 403 of Public Law Number 104-193, 
  1.20  as authorized by Title VII of the 1997 Emergency Supplemental 
  1.21  Appropriations Act, Public Law Number 105-18, and as amended by 
  1.22  Public Law Number 105-185. 
  1.23     Beginning July 1, 2000, the Minnesota food assistance 
  1.24  program is limited to those noncitizens described in this 
  1.25  subdivision who are 50 years of age or older. 
  1.26     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  1.27  256J.37, subdivision 9, is amended to read: 
  1.28     Subd. 9.  [UNEARNED INCOME.] (a) The county agency must 
  2.1   apply unearned income to the MFIP standard of need.  When 
  2.2   determining the amount of unearned income, the county agency 
  2.3   must deduct the costs necessary to secure payments of unearned 
  2.4   income.  These costs include legal fees, medical fees, and 
  2.5   mandatory deductions such as federal and state income taxes. 
  2.6      (b) Effective January 1, 2001, the county agency shall 
  2.7   count $100 of the value of public and assisted rental subsidies 
  2.8   provided through the Department of Housing and Urban Development 
  2.9   (HUD) as unearned income.  The full amount of the subsidy must 
  2.10  be counted as unearned income when the subsidy is less than $100.
  2.11     (c) The provisions of paragraph (b) shall not apply to MFIP 
  2.12  participants who are exempt from the employment and training 
  2.13  services component because they are: 
  2.14     (i) individuals who are age 60 or older; 
  2.15     (ii) individuals who are suffering from a professionally 
  2.16  certified permanent or temporary illness, injury, or incapacity 
  2.17  which is expected to continue for more than 30 days and which 
  2.18  prevents the person from obtaining or retaining employment; or 
  2.19     (iii) caregivers whose presence in the home is required 
  2.20  because of the professionally certified illness or incapacity of 
  2.21  another member in the assistance unit, a relative in the 
  2.22  household, or a foster child in the household. 
  2.23     (d) The provisions of paragraph (b) shall not apply to an 
  2.24  MFIP assistance unit where the parental caregiver receives 
  2.25  supplemental security income. 
  2.26     Sec. 3.  Minnesota Statutes 1998, section 256J.46, as 
  2.27  amended by Laws 1999, chapter 245, article 6, sections 55, 56, 
  2.28  and 57, is amended to read: 
  2.29     256J.46 [SANCTIONS.] 
  2.30     Subdivision 1.  [SANCTIONS FOR PARTICIPANTS NOT COMPLYING 
  2.31  WITH PROGRAM REQUIREMENTS.] (a) A participant who fails without 
  2.32  good cause to comply with the requirements of this chapter, and 
  2.33  who is not subject to a sanction under subdivision 2, shall be 
  2.34  subject to a sanction as provided in this subdivision. 
  2.35     A sanction under this subdivision becomes effective the 
  2.36  month following the month in which a required notice is given.  
  3.1   A sanction must not be imposed when a participant comes into 
  3.2   compliance with the requirements for orientation under section 
  3.3   256J.45 or third-party liability for medical services under 
  3.4   section 256J.30, subdivision 10, prior to the effective date of 
  3.5   the sanction.  A sanction must not be imposed when a participant 
  3.6   comes into compliance with the requirements for employment and 
  3.7   training services under sections 256J.49 to 256J.72 ten days 
  3.8   prior to the effective date of the sanction.  For purposes of 
  3.9   this subdivision, each month that a participant fails to comply 
  3.10  with a requirement of this chapter shall be considered a 
  3.11  separate occurrence of noncompliance.  A participant who has had 
  3.12  one or more sanctions imposed must remain in compliance with the 
  3.13  provisions of this chapter for six months in order for a 
  3.14  subsequent occurrence of noncompliance to be considered a first 
  3.15  occurrence.  
  3.16     (b) Sanctions for noncompliance shall be imposed as follows:
  3.17     (1) For the first occurrence of noncompliance by a 
  3.18  participant in a single-parent household or by one participant 
  3.19  in a two-parent household, the assistance unit's grant shall be 
  3.20  reduced by ten percent of the MFIP standard of need for an 
  3.21  assistance unit of the same size with the residual grant paid to 
  3.22  the participant.  The reduction in the grant amount must be in 
  3.23  effect for a minimum of one month and shall be removed in the 
  3.24  month following the month that the participant returns to 
  3.25  compliance.  
  3.26     (2) For a second or subsequent occurrence of noncompliance, 
  3.27  or when both participants in a two-parent household are out of 
  3.28  compliance at the same time, the assistance unit's shelter costs 
  3.29  shall be vendor paid up to the amount of the cash portion of the 
  3.30  MFIP grant for which the participant's assistance unit is 
  3.31  eligible.  At county option, the assistance unit's utilities may 
  3.32  also be vendor paid up to the amount of the cash portion of the 
  3.33  MFIP grant remaining after vendor payment of the assistance 
  3.34  unit's shelter costs.  The residual amount of the grant after 
  3.35  vendor payment, if any, must be reduced by an amount equal to 30 
  3.36  percent of the MFIP standard of need for an assistance unit of 
  4.1   the same size before the residual grant is paid to the 
  4.2   assistance unit.  The reduction in the grant amount must be in 
  4.3   effect for a minimum of one month and shall be removed in the 
  4.4   month following the month that a participant in a one-parent 
  4.5   household returns to compliance.  In a two-parent household, the 
  4.6   grant reduction must be in effect for a minimum of one month and 
  4.7   shall be removed in the month following the month both 
  4.8   participants return to compliance.  The vendor payment of 
  4.9   shelter costs and, if applicable, utilities shall be removed six 
  4.10  months after the month in which the participant or participants 
  4.11  return to compliance. 
  4.12     (c) No later than during the second month that a sanction 
  4.13  under paragraph (b), this clause (2), is in effect due to 
  4.14  noncompliance with employment services, the participant's case 
  4.15  file must be reviewed to determine if: 
  4.16     (i) the continued noncompliance can be explained and 
  4.17  mitigated by providing a needed preemployment activity, as 
  4.18  defined in section 256J.49, subdivision 13, clause (16); 
  4.19     (ii) the participant qualifies for a good cause exception 
  4.20  under section 256J.57; or 
  4.21     (iii) the participant qualifies for an exemption under 
  4.22  section 256J.56. 
  4.23     If the lack of an identified activity can explain the 
  4.24  noncompliance, the county must work with the participant to 
  4.25  provide the identified activity, and the county must restore the 
  4.26  participant's grant amount to the full amount for which the 
  4.27  assistance unit is eligible.  The grant must be restored 
  4.28  retroactively to the first day of the month in which the 
  4.29  participant was found to lack preemployment activities or to 
  4.30  qualify for an exemption or good cause exception. 
  4.31     If the participant is found to qualify for a good cause 
  4.32  exception or an exemption, the county must restore the 
  4.33  participant's grant to the full amount for which the assistance 
  4.34  unit is eligible.  
  4.35     (3) For a household that has been sanctioned under clause 
  4.36  (2) for three months, the assistance unit's residual amount of 
  5.1   the grant after vendor payment under clause (2), if any, must be 
  5.2   reduced by an amount equal to 50 percent of the MFIP standard of 
  5.3   need for an assistance unit of the same size before the residual 
  5.4   grant is paid to the assistance unit.  The reduction in the 
  5.5   grant must be in effect for a minimum of one month and shall be 
  5.6   removed the month following the month that the participant or 
  5.7   participants comply with the program requirements.  Further, the 
  5.8   county child protection services shall make an inquiry to 
  5.9   determine if child protection services are warranted. 
  5.10     (4) For a household that has been sanctioned under clause 
  5.11  (3) for two months, the county must send a notice informing the 
  5.12  assistance unit of the possibility of the entire MFIP grant 
  5.13  being terminated if noncompliance continues.  The notice must 
  5.14  state that the MFIP grant will be terminated in one month if the 
  5.15  participant or participants do not comply with the MFIP 
  5.16  requirements within 15 days of the date of the notice.  If the 
  5.17  participant fails to comply within 15 days, the MFIP grant must 
  5.18  be terminated for a minimum of one month. 
  5.19     Subd. 1a.  [TRANSITIONAL RULE; SANCTIONS FOR AFDC, FAMILY 
  5.20  GA, STRIDE, ACCESS, MFIP, OR MFIP-R RECIPIENTS.] For purposes of 
  5.21  determining a sanction under subdivision 1, for the first 
  5.22  occurrence of noncompliance with a provision of this chapter or 
  5.23  with section 256.741, if enacted, a recipient of assistance 
  5.24  under AFDC, family general assistance, STRIDE, ACCESS, MFIP, or 
  5.25  MFIP-R who was under a sanction in the month immediately 
  5.26  preceding the receipt of assistance under MFIP-S shall be 
  5.27  subject to sanction as provided in subdivision 1, paragraph (b), 
  5.28  clause (1).  The reduction in grant amount must be in effect for 
  5.29  a minimum of one month.  For a second or subsequent occurrence 
  5.30  of noncompliance, the sanction shall be as provided in 
  5.31  subdivision 1, paragraph (b), clause clauses (2), (3), and (4). 
  5.32     Subd. 2.  [SANCTIONS FOR REFUSAL TO COOPERATE WITH SUPPORT 
  5.33  REQUIREMENTS.] The grant of an MFIP caregiver who refuses to 
  5.34  cooperate, as determined by the child support enforcement 
  5.35  agency, with support requirements under section 256.741, shall 
  5.36  be subject to sanction as specified in this subdivision.  The 
  6.1   assistance unit's grant must be reduced by 25 percent of the 
  6.2   applicable MFIP standard of need.  The residual amount of the 
  6.3   grant, if any, must be paid to the caregiver.  A sanction under 
  6.4   this subdivision becomes effective the first month following the 
  6.5   month in which a required notice is given.  A sanction must not 
  6.6   be imposed when a caregiver comes into compliance with the 
  6.7   requirements under section 256.741 prior to the effective date 
  6.8   of the sanction.  The sanction shall be removed in the month 
  6.9   following the month that the caregiver cooperates with the 
  6.10  support requirements.  Each month that an MFIP caregiver fails 
  6.11  to comply with the requirements of section 256.741 must be 
  6.12  considered a separate occurrence of noncompliance.  An MFIP 
  6.13  caregiver who has had one or more sanctions imposed must remain 
  6.14  in compliance with the requirements of section 256.741 for six 
  6.15  months in order for a subsequent sanction to be considered a 
  6.16  first occurrence. 
  6.17     Subd. 2a.  [DUAL SANCTIONS.] (a) Notwithstanding the 
  6.18  provisions of subdivisions 1 and 2, for a participant subject to 
  6.19  a sanction for refusal to comply with child support requirements 
  6.20  under subdivision 2 and subject to a concurrent sanction for 
  6.21  refusal to cooperate with other program requirements under 
  6.22  subdivision 1, sanctions shall be imposed in the manner 
  6.23  prescribed in this subdivision. 
  6.24     A participant who has had one or more sanctions imposed 
  6.25  under this subdivision must remain in compliance with the 
  6.26  provisions of this chapter for six months in order for a 
  6.27  subsequent occurrence of noncompliance to be considered a first 
  6.28  occurrence.  Any vendor payment of shelter costs or utilities 
  6.29  under this subdivision must remain in effect for six months 
  6.30  after the month in which the participant is no longer subject to 
  6.31  sanction under subdivision 1. 
  6.32     (b) If the participant was subject to sanction for: 
  6.33     (i) noncompliance under subdivision 1 before being subject 
  6.34  to sanction for noncooperation under subdivision 2; or 
  6.35     (ii) noncooperation under subdivision 2 before being 
  6.36  subject to sanction for noncompliance under subdivision 1; 
  7.1   the participant shall be sanctioned as provided in subdivision 
  7.2   1, paragraph (b), clause clauses (2), (3), and (4), and the 
  7.3   requirement that the county conduct a review as specified in 
  7.4   subdivision 1, paragraph (c) (b), clause (2), remains in effect. 
  7.5      (c) A participant who first becomes subject to sanction 
  7.6   under both subdivisions 1 and 2 in the same month is subject to 
  7.7   sanction as follows: 
  7.8      (i) in the first month of noncompliance and noncooperation, 
  7.9   the participant's grant must be reduced by 25 percent of the 
  7.10  applicable MFIP standard of need, with any residual amount paid 
  7.11  to the participant; 
  7.12     (ii) in the second and subsequent months of noncompliance 
  7.13  and noncooperation, the participant shall be sanctioned as 
  7.14  provided in subdivision 1, paragraph (b), clause clauses (2), 
  7.15  (3), and (4). 
  7.16     The requirement that the county conduct a review as 
  7.17  specified in subdivision 1, paragraph (c) (b), clause (2), 
  7.18  remains in effect. 
  7.19     (d) A participant remains subject to sanction under 
  7.20  subdivision 2 if the participant: 
  7.21     (i) returns to compliance and is no longer subject to 
  7.22  sanction under subdivision 1; or 
  7.23     (ii) has the sanction under subdivision 1, paragraph (b), 
  7.24  removed upon completion of the review under subdivision 1, 
  7.25  paragraph (c) (b), clause (2). 
  7.26     A participant remains subject to sanction under subdivision 
  7.27  1, paragraph (b), if the participant cooperates and is no longer 
  7.28  subject to sanction under subdivision 2. 
  7.29     Sec. 4.  [REPORT RELATED TO MFIP SANCTIONS.] 
  7.30     The commissioner of human services shall provide a report 
  7.31  to the chairs of the house and senate policy and fiscal 
  7.32  committees having jurisdiction over issues related to MFIP, 
  7.33  which provides information on the number of MFIP participants, 
  7.34  since the program started in 1998, who have been sanctioned for 
  7.35  three or more months at the 30 percent sanction level, and also, 
  7.36  if available, the reason for the sanction.  The report is due 
  8.1   November 1, 2000. 
  8.2      Sec. 5.  [APPROPRIATIONS.] 
  8.3      (a) $7,000,000 is appropriated from the general fund to the 
  8.4   commissioner of human services for the fiscal year ending June 
  8.5   30, 2001, for purposes of providing employment and training 
  8.6   services to hard-to-employ MFIP participants. 
  8.7      A "hard-to-employ" MFIP participant for purposes of this 
  8.8   section is an MFIP participant who: 
  8.9      (1) has been receiving AFDC or MFIP assistance for 36 
  8.10  months or more out of the last 60 months; 
  8.11     (2) does not have a high school degree or its equivalent; 
  8.12     (3) has chemical dependency problems; 
  8.13     (4) has mental health problems; 
  8.14     (5) has learning disabilities; or 
  8.15     (6) has other barriers to employment as determined by the 
  8.16  county agency. 
  8.17     The allocation formula for purposes of this section must be 
  8.18  based on the caseload that has been receiving assistance for 24 
  8.19  out of the last 36 months. 
  8.20     (b) $15,000,000 is transferred from the state's federal 
  8.21  TANF block grant to the state's federal Title XX block grant for 
  8.22  purposes of increasing services for families with children whose 
  8.23  incomes are at or below 200 percent of the federal poverty 
  8.24  guidelines. 
  8.25     Sec. 6.  [REPEALER.] 
  8.26     (a) Laws 1997, chapter 203, article 9, section 21, is 
  8.27  repealed. 
  8.28     (b) Laws 1998, chapter 407, article 6, section 111, is 
  8.29  repealed.