HF 277

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to residency requirements for welfare 
  1.3             programs; amending Minnesota Statutes 1996, sections 
  1.4             256B.056, subdivision 1; and 256D.02, subdivision 12a; 
  1.5             proposing coding for new law as Minnesota Statutes, 
  1.6             chapter 256J. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 256B.056, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [RESIDENCY.] To be eligible for medical 
  1.11  assistance, a person must have resided in Minnesota for at least 
  1.12  30 days, or, if absent from the state, be deemed to be a 
  1.13  resident of Minnesota in accordance with the rules of the state 
  1.14  agency. 
  1.15     A person who has resided in the state for less than 30 days 
  1.16  is considered to be a Minnesota resident if the person: 
  1.17     (1) was born in the state; 
  1.18     (2) has in the past resided in the state for at least 365 
  1.19  consecutive days; 
  1.20     (3) has come to the state to join a close relative, which, 
  1.21  who has resided in the state for at least one year.  For 
  1.22  purposes of this subdivision, a "close relative" means a parent, 
  1.23  grandparent, brother, sister, spouse, or child; or 
  1.24     (4) has come to this state to accept a bona fide offer of 
  1.25  employment for which the person is eligible. 
  1.26     A county agency shall waive the 30-day residency 
  2.1   requirement in cases of medical emergency or where unusual 
  2.2   hardship would result from denial of assistance.  The county 
  2.3   agency must report to the commissioner within 30 days on any 
  2.4   waiver granted under this section.  The county shall not deny an 
  2.5   application solely because the applicant does not meet at least 
  2.6   one of the criteria in this subdivision, but shall continue to 
  2.7   process the application and leave the application pending until 
  2.8   the residency requirement is met or until eligibility or 
  2.9   ineligibility is established. 
  2.10     Sec. 2.  Minnesota Statutes 1996, section 256D.02, 
  2.11  subdivision 12a, is amended to read: 
  2.12     Subd. 12a.  [RESIDENT.] (a) For purposes of eligibility for 
  2.13  general assistance and general assistance medical care, a 
  2.14  "resident" is a person living in the state for at least 30 days 
  2.15  with the intention of making the person's home here and not for 
  2.16  any temporary purpose.  All applicants for these programs are 
  2.17  required to demonstrate the requisite intent and can do so in 
  2.18  any of the following ways: 
  2.19     (1) by showing that the applicant maintains a residence at 
  2.20  a verified address, other than a place of public accommodation.  
  2.21  An applicant may verify a residence address by presenting a 
  2.22  valid state driver's license, a state identification card, a 
  2.23  voter registration card, a rent receipt, a statement by the 
  2.24  landlord, apartment manager, or homeowner verifying that the 
  2.25  individual is residing at the address, or other form of 
  2.26  verification approved by the commissioner; or 
  2.27     (2) by verifying residence in accordance with Minnesota 
  2.28  Rules, part 9500.1219, subpart 3, item C. 
  2.29     (b) An applicant who has been in the state for less than 30 
  2.30  days shall be considered a resident if the applicant can provide 
  2.31  documentation: 
  2.32     (1) that the applicant was born in the state; 
  2.33     (2) that the applicant has been a long-time resident of the 
  2.34  state or was formerly a resident of the state for at least 365 
  2.35  days and is returning to the state from a temporary absence, as 
  2.36  those terms are defined in rules adopted by the commissioner; 
  3.1      (3) that the applicant has come to the state to join a 
  3.2   close relative which, who has resided in the state for one year. 
  3.3   For purposes of this subdivision, a "close relative" means a 
  3.4   parent, grandparent, brother, sister, spouse, or child; or 
  3.5      (4) that the applicant has come to this state to accept a 
  3.6   bona fide offer of employment for which the applicant is 
  3.7   eligible.  
  3.8      A county agency shall waive the 30-day residency 
  3.9   requirement in cases of emergencies, including medical 
  3.10  emergencies, or where unusual hardship would result from denial 
  3.11  of general assistance medical care.  A county may waive the 
  3.12  30-day residency requirement in cases of emergencies, including 
  3.13  medical emergencies, or where unusual hardship would result from 
  3.14  denial of general assistance.  The county agency must report to 
  3.15  the commissioner within 30 days on any waiver granted under this 
  3.16  section.  The county shall not deny an application solely 
  3.17  because the applicant does not meet at least one of the criteria 
  3.18  in this subdivision, but shall continue to process the 
  3.19  application and leave the application pending until the 
  3.20  residency requirement is met or until eligibility or 
  3.21  ineligibility is established. 
  3.22     Sec. 3.  [256J.200] [BENEFITS FOR NEW RESIDENTS; TEMPORARY 
  3.23  ASSISTANCE FOR NEEDY FAMILIES.] 
  3.24     An otherwise eligible family that has resided in Minnesota 
  3.25  for less than 12 months shall receive TANF benefits which are 
  3.26  the lesser of:  (1) the benefits that the family is eligible to 
  3.27  receive under the Minnesota state plan; or (2) the benefits that 
  3.28  the family would be eligible to receive under the rules in 
  3.29  effect in the family's prior state of residence.