1998 Minnesota Statutes

     256D.053 Minnesota food assistance program. 

    Subdivision 1.    Program established.  For the period 
 of July 1, 1998, to June 30, 1999, the Minnesota food assistance 
 program is established to provide food assistance to legal 
 noncitizens residing in this state who are ineligible to 
 participate in the federal Food Stamp Program solely due to the 
 provisions of section 402 or 403 of Public Law Number 104-193, 
 as authorized by Title VII of the 1997 Emergency Supplemental 
 Appropriations Act, Public Law Number 105-18. 

    Subd. 2.    Eligibility requirements.  To be eligible 
 for the Minnesota food assistance program, all of the following 
 conditions must be met: 

    (1) the applicant must meet the initial and ongoing 
 eligibility requirements for the federal Food Stamp Program, 
 except for the applicant's ineligible immigration status; 

    (2) the applicant must be either a qualified noncitizen as 
 defined in section 256J.08, subdivision 73, or a noncitizen 
 otherwise residing lawfully in the United States; 

    (3) the applicant must be a resident of the state; and 

    (4) the applicant must not be receiving assistance under 
 the MFIP-S or the work first program. 

    Subd. 3.    Program administration.  (a) The rules for 
 the Minnesota food assistance program shall follow exactly the 
 regulations for the federal Food Stamp Program, except for the 
 provisions pertaining to immigration status under section 402 or 
 403 of Public Law Number 104-193. 

    (b) The county agency shall use the income, budgeting, and 
 benefit allotment regulations of the federal Food Stamp Program 
 to calculate an eligible recipient's monthly Minnesota food 
 assistance program benefit.  Until September 30, 1998, eligible 
 recipients under this subdivision shall receive the average per 
 person food stamp issuance in Minnesota in the fiscal year 
 ending June 30, 1997.  Beginning October 1, 1998, eligible 
 recipients shall receive the same level of benefits as those 
 provided by the federal Food Stamp Program to similarly situated 
 citizen recipients.  The monthly Minnesota food assistance 
 program benefits shall not exceed an amount equal to the amount 
 of federal Food Stamp Program benefits the household would 
 receive if all members of the household were eligible for the 
 federal Food Stamp Program. 

    (c) Minnesota food assistance program benefits must be 
 disregarded as income in all programs that do not count food 
 stamps as income. 

    (d) The county agency must redetermine a Minnesota food 
 assistance program recipient's eligibility for the federal Food 
 Stamp Program when the agency receives information that the 
 recipient's legal immigration status has changed in such a way 
 that would make the recipient potentially eligible for the 
 federal Food Stamp Program. 

    (e) Until October 1, 1998, the commissioner may provide 
 benefits under this section in cash. 

    Subd. 4.    State plan required.  The commissioner shall 
 submit a state plan to the secretary of agriculture to allow the 
 commissioner to purchase federal Food Stamp Program benefits for 
 each Minnesota food assistance program recipient who is 
 ineligible to participate in the federal Food Stamp Program 
 solely due to the provisions of section 402 or 403 of Public Law 
 Number 104-193, as authorized by Title VII of the 1997 Emergency 
 Supplemental Appropriations Act, Public Law Number 105-18.  The 
 commissioner shall enter into a contract as necessary with the 
 secretary to use the existing federal Food Stamp Program 
 benefits delivery system for the purposes of administering the 
 Minnesota food assistance program under this section. 

    HIST: 1998 c 407 art 6 s 16