HF 1449

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

  1.1                          A bill for an act 
  1.2             relating to human services; proposing welfare reform 
  1.3             initiatives for MA, GA, GAMC, TANF, and MinnesotaCare; 
  1.4             amending Minnesota Statutes 1996, sections 256.73, 
  1.5             subdivision 1b; 256B.056, subdivision 1; 256D.02, 
  1.6             subdivision 12a; and 256D.05, by adding subdivisions; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapters 256; and 256B; proposing coding for new law 
  1.9             as Minnesota Statutes, chapter 256J. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 256.73, 
  1.12  subdivision 1b, is amended to read: 
  1.13     Subd. 1b.  [RESIDENCY CRITERIA.] A child or caretaker 
  1.14  relative who has resided in Minnesota for less than 30 days is 
  1.15  considered to be a Minnesota resident if: 
  1.16     (1) either the child or the caretaker relative was born in 
  1.17  the state; 
  1.18     (2) either the child or the caretaker relative has, in the 
  1.19  past, resided in this state for at least 365 five consecutive 
  1.20  days years; 
  1.21     (3) either the child or the caretaker relative came to this 
  1.22  state to join a close relative who has resided in this state for 
  1.23  at least one year five years.  For purposes of this clause, 
  1.24  "close relative" means a parent, grandparent, brother, sister, 
  1.25  spouse, or child; or 
  1.26     (4) the caretaker relative came to this state to accept a 
  1.27  bona fide offer of employment and was eligible to accept the 
  2.1   employment. 
  2.2      A county agency may waive the 30-day residency requirement 
  2.3   in cases of emergency or where unusual hardship would result 
  2.4   from denial of assistance.  The county agency must report to the 
  2.5   commissioner within 30 days on any waiver granted under this 
  2.6   section.  The county shall not deny an application solely 
  2.7   because the applicant does not meet at least one of the criteria 
  2.8   in this subdivision, but shall continue to process the 
  2.9   application and leave the application pending until the 
  2.10  residency requirement is met or until eligibility or 
  2.11  ineligibility is established. 
  2.12     Sec. 2.  [256.9370] [RESTRICTIONS ON MINNESOTACARE.] 
  2.13     Subdivision 1.  [FIVE-YEAR BAR FOR MNCARE.] After July 1, 
  2.14  1997, legal noncitizens who enter Minnesota after August 22, 
  2.15  1996, are not eligible for MinnesotaCare for five years after 
  2.16  the date of entry, unless coverage is mandatory under Public Law 
  2.17  Number 104-193. 
  2.18     Subd. 2.  [OTHERS INELIGIBLE FOR BENEFITS.] (a) The 
  2.19  following persons are ineligible to enroll in MinnesotaCare: 
  2.20     (1) a person who arrives in Minnesota on or after July 1, 
  2.21  1997, and has been convicted after August 23, 1996, under 
  2.22  federal or state law of a felony for the possession, use, or 
  2.23  distribution of a controlled substance, as defined in section 
  2.24  102(6) of the Controlled Substances Act, United States Code, 
  2.25  title 21, section 802(6); 
  2.26     (2) a person violating a condition of probation or parole 
  2.27  imposed under any federal or state law; 
  2.28     (3) a person who is convicted in any federal or state court 
  2.29  of having falsified or misrepresented residency in order to 
  2.30  obtain state public assistance is ineligible for ten years from 
  2.31  the date of conviction; or 
  2.32     (4) persons fleeing a state to avoid prosecution, or 
  2.33  custody or confinement after conviction under the laws of the 
  2.34  state from which the person is fleeing, for a crime, or an 
  2.35  attempt to commit a crime which is a felony under the laws of 
  2.36  the state from which the person is fleeing, except for the state 
  3.1   of New Jersey, for a crime or attempt to commit a crime which is 
  3.2   a high misdemeanor. 
  3.3      (b) Family members of persons listed in paragraph (a) who 
  3.4   are otherwise eligible for MinnesotaCare remain eligible. 
  3.5      Subd. 3.  [SEVERABILITY.] If any provision in subdivision 1 
  3.6   or 2 is found unconstitutional and void, the remaining 
  3.7   provisions shall remain valid, unless a court determines 
  3.8   otherwise. 
  3.9      Sec. 3.  Minnesota Statutes 1996, section 256B.056, 
  3.10  subdivision 1, is amended to read: 
  3.11     Subdivision 1.  [RESIDENCY.] To be eligible for medical 
  3.12  assistance, a person must have resided in Minnesota for at least 
  3.13  30 days, or, if absent from the state, be deemed to be a 
  3.14  resident of Minnesota in accordance with the rules of the state 
  3.15  agency. 
  3.16     A person who has resided in the state for less than 30 days 
  3.17  is considered to be a Minnesota resident if the person: 
  3.18     (1) was born in the state; 
  3.19     (2) has in the past resided in the state for at least 365 
  3.20  five consecutive days years; 
  3.21     (3) has come to the state to join a close relative, 
  3.22  which, who has lived in the state for five years; and for 
  3.23  purposes of this subdivision a "close relative" means a parent, 
  3.24  grandparent, brother, sister, spouse, or child; or 
  3.25     (4) has come to this state to accept a bona fide offer of 
  3.26  employment for which the person is eligible. 
  3.27     A county agency shall waive the 30-day residency 
  3.28  requirement in cases of medical emergency or where unusual 
  3.29  hardship would result from denial of assistance.  The county 
  3.30  agency must report to the commissioner within 30 days on any 
  3.31  waiver granted under this section.  The county shall not deny an 
  3.32  application solely because the applicant does not meet at least 
  3.33  one of the criteria in this subdivision, but shall continue to 
  3.34  process the application and leave the application pending until 
  3.35  the residency requirement is met or until eligibility or 
  3.36  ineligibility is established. 
  4.1      Sec. 4.  [256B.0565] [CITIZENSHIP.] 
  4.2      After July 1, 1997, legal noncitizens who enter Minnesota 
  4.3   after August 22, 1996, are not eligible for medical assistance 
  4.4   for five years from the date of entry unless benefits are 
  4.5   mandatory under Public Law Number 104-193. 
  4.6      Sec. 5.  [256B.0566] [MEDICAL ASSISTANCE INELIGIBILITY.] 
  4.7      Subdivision 1.  [PERSONS INELIGIBLE.] Persons ineligible 
  4.8   for benefits under medical assistance include the following 
  4.9   groups: 
  4.10     (1) persons convicted in any state or federal court of 
  4.11  having made a fraudulent statement or representation about place 
  4.12  of residence in order to receive public assistance in two or 
  4.13  more states at the same time are ineligible for ten years from 
  4.14  the date of conviction; 
  4.15     (2) persons violating conditions of parole or probation 
  4.16  under federal or state law; 
  4.17     (3) persons arriving in Minnesota on or after July 1, 1997, 
  4.18  who have been convicted after August 23, 1996, under federal or 
  4.19  state law of a felony for the possession, use, or distribution 
  4.20  of a controlled substance, as defined in section 102(6) of the 
  4.21  Controlled Substances Act, United States Code, title 21, section 
  4.22  802(6); or 
  4.23     (4) persons fleeing a state to avoid prosecution, or 
  4.24  custody or confinement after conviction under the laws of the 
  4.25  state from which the person is fleeing, for a crime, or an 
  4.26  attempt to commit a crime which is a felony under the laws of 
  4.27  the state from which the person is fleeing, except for the state 
  4.28  of New Jersey, for a crime or attempt to commit a crime which is 
  4.29  a high misdemeanor. 
  4.30     Subd. 2.  [SEVERABILITY.] If any provision in subdivision 1 
  4.31  is found unconstitutional and void, the remaining provisions 
  4.32  shall remain valid, unless a court determines otherwise. 
  4.33     Sec. 6.  Minnesota Statutes 1996, section 256D.02, 
  4.34  subdivision 12a, is amended to read: 
  4.35     Subd. 12a.  [RESIDENT.] (a) For purposes of eligibility for 
  4.36  general assistance and general assistance medical care, a 
  5.1   "resident" is a person living in the state for at least 30 days 
  5.2   with the intention of making the person's home here and not for 
  5.3   any temporary purpose.  All applicants for these programs are 
  5.4   required to demonstrate the requisite intent and can do so in 
  5.5   any of the following ways: 
  5.6      (1) by showing that the applicant maintains a residence at 
  5.7   a verified address, other than a place of public accommodation.  
  5.8   An applicant may verify a residence address by presenting a 
  5.9   valid state driver's license, a state identification card, a 
  5.10  voter registration card, a rent receipt, a statement by the 
  5.11  landlord, apartment manager, or homeowner verifying that the 
  5.12  individual is residing at the address, or other form of 
  5.13  verification approved by the commissioner; or 
  5.14     (2) by verifying residence in accordance with Minnesota 
  5.15  Rules, part 9500.1219, subpart 3, item C. 
  5.16     (b) An applicant who has been in the state for less than 30 
  5.17  days shall be considered a resident if the applicant can provide 
  5.18  documentation: 
  5.19     (1) that the applicant was born in the state; 
  5.20     (2) that the applicant has been a long-time resident of the 
  5.21  state or was formerly a resident of the state for at least 365 
  5.22  days five consecutive years and is returning to the state from a 
  5.23  temporary absence, as those terms are defined in rules adopted 
  5.24  by the commissioner; 
  5.25     (3) that the applicant has come to the state to join a 
  5.26  close relative which, who has lived in the state for five years; 
  5.27  and for purposes of this subdivision, a close relative means a 
  5.28  parent, grandparent, brother, sister, spouse, or child; or 
  5.29     (4) that the applicant has come to this state to accept a 
  5.30  bona fide offer of employment for which the applicant is 
  5.31  eligible.  
  5.32     A county agency shall waive the 30-day residency 
  5.33  requirement in cases of emergencies, including medical 
  5.34  emergencies, or where unusual hardship would result from denial 
  5.35  of general assistance medical care.  A county may waive the 
  5.36  30-day residency requirement in cases of emergencies, including 
  6.1   medical emergencies, or where unusual hardship would result from 
  6.2   denial of general assistance.  The county agency must report to 
  6.3   the commissioner within 30 days on any waiver granted under this 
  6.4   section.  The county shall not deny an application solely 
  6.5   because the applicant does not meet at least one of the criteria 
  6.6   in this subdivision, but shall continue to process the 
  6.7   application and leave the application pending until the 
  6.8   residency requirement is met or until eligibility or 
  6.9   ineligibility is established. 
  6.10     Sec. 7.  Minnesota Statutes 1996, section 256D.05, is 
  6.11  amended by adding a subdivision to read: 
  6.12     Subd. 9.  [FIVE-YEAR BAR FOR GA AND GAMC.] After July 1, 
  6.13  1997, legal noncitizens who enter Minnesota after August 23, 
  6.14  1996, are not eligible for general assistance and general 
  6.15  assistance medical care for five years from the date of entry, 
  6.16  unless benefits are mandatory under Public Law Number 104-193. 
  6.17     Sec. 8.  Minnesota Statutes 1996, section 256D.05, is 
  6.18  amended by adding a subdivision to read: 
  6.19     Subd. 10.  [OTHERS INELIGIBLE FOR BENEFITS.] The following 
  6.20  persons are ineligible to receive benefits under general 
  6.21  assistance and general assistance medical care: 
  6.22     (1) a person who arrives in Minnesota on or after July 1, 
  6.23  1997, and has been convicted after August 23, 1996, under 
  6.24  federal or state law of a felony for the possession, use, or 
  6.25  distribution of a controlled substance, as defined in section 
  6.26  102(6) of the Controlled Substances Act, United States Code, 
  6.27  title 21, section 802(6); 
  6.28     (2) a person violating a condition of probation or parole 
  6.29  imposed under any federal or state law; 
  6.30     (3) a person who is convicted in any federal or state court 
  6.31  of having falsified or misrepresented residency in order to 
  6.32  obtain public assistance is ineligible for ten years from the 
  6.33  date of conviction; or 
  6.34     (4) persons fleeing a state to avoid prosecution, or 
  6.35  custody or confinement after conviction under the laws of the 
  6.36  state from which the person is fleeing, for a crime, or an 
  7.1   attempt to commit a crime which is a felony under the laws of 
  7.2   the state from which the person is fleeing, except for the state 
  7.3   of New Jersey, for a crime or attempt to commit a crime which is 
  7.4   a high misdemeanor. 
  7.5      Sec. 9.  Minnesota Statutes 1996, section 256D.05, is 
  7.6   amended by adding a subdivision to read: 
  7.7      Subd. 11.  [SEVERABILITY.] If any provision in subdivision 
  7.8   9 or 10 is found unconstitutional and void, the remaining 
  7.9   provisions shall remain valid, unless a court determines 
  7.10  otherwise. 
  7.11     Sec. 10.  [256J.50] [TIME LIMITS FOR TANF ASSISTANCE.] 
  7.12     For state fiscal years 1997 to 2002, an applicant for 
  7.13  assistance under the temporary assistance for needy families 
  7.14  (TANF) shall be limited to a total of two years of TANF 
  7.15  assistance, except the commissioner of human services may 
  7.16  exclude up to 35 percent of the caseload from the two-year time 
  7.17  limit for hardship or for a person who has been battered or 
  7.18  subjected to extreme cruelty as defined in Public Law Number 
  7.19  104-193.  For fiscal year 2002 and each year thereafter, the 
  7.20  commissioner may exclude up to 20 percent of the caseload from 
  7.21  the two-year time limitation for receiving TANF assistance for 
  7.22  hardship or for a person who has been battered or subjected to 
  7.23  extreme cruelty as defined in Public Law Number 104-193. 
  7.24     Sec. 11.  [256J.55] [PERSONS DENIED BENEFITS UNDER 
  7.25  TEMPORARY ASSISTANCE FOR NEEDY FAMILIES.] 
  7.26     (a) No TANF assistance shall be provided for ten years to 
  7.27  any person convicted in any state or federal court of having 
  7.28  made a fraudulent statement or representation of place of 
  7.29  residence in order to receive public assistance in two or more 
  7.30  states at the same time.  The ten-year time bar begins on the 
  7.31  date the individual is convicted in federal or state court. 
  7.32     (b) Persons violating conditions of parole or probation 
  7.33  under federal or state law are prohibited from receiving TANF 
  7.34  assistance in this state. 
  7.35     (c) Persons convicted of a drug felony after August 23, 
  7.36  1996, under federal or state law, who enter Minnesota from other 
  8.1   states on or after July 1, 1997, are prohibited from receiving 
  8.2   TANF assistance in this state. 
  8.3      (d) Persons fleeing to avoid prosecution or custody or 
  8.4   confinement after conviction under the laws of the state from 
  8.5   which the person flees, for a crime or an attempt to commit a 
  8.6   crime which is a felony under the laws of the state from which 
  8.7   the person flees, or which, in the case of the state of New 
  8.8   Jersey, is a high misdemeanor under the laws of that state. 
  8.9      Sec. 12.  [256J.60] [GROUPS ELIGIBLE FOR TANF.] 
  8.10     Subdivision 1.  [UNITED STATES CITIZENS AND QUALIFIED 
  8.11  NONCITIZENS.] Minnesota TANF assistance is limited to eligible 
  8.12  persons who are United States citizens and the groups of 
  8.13  qualified noncitizens in paragraphs (a) to (c). 
  8.14     (a) The following qualified noncitizens who are Minnesota 
  8.15  residents are eligible for Minnesota's two-year TANF assistance 
  8.16  if the person is admitted to the United States as: 
  8.17     (1) a person who was lawfully admitted to the United States 
  8.18  for permanent residence under the Immigration and Nationality 
  8.19  Act (INA) prior to August 22, 1996, and has worked 40 qualifying 
  8.20  quarters of coverage as defined under title II of the Social 
  8.21  Security Act or can be credited with qualifying quarters under 
  8.22  section 435 of Public Law Number 104-193 and did not receive any 
  8.23  federal means-tested public benefit during that period; 
  8.24     (2) a person who was admitted to the United States prior to 
  8.25  August 22, 1996, as a refugee under section 207 of the INA is 
  8.26  eligible for five years after the date the person was admitted 
  8.27  to the United States; 
  8.28     (3) a person whose deportation is being withheld under 
  8.29  section 243(h) of the INA is eligible for five years after the 
  8.30  person was admitted to the United States if the person resided 
  8.31  in the United States prior to August 22, 1996; 
  8.32     (4) a person who was granted conditional entry to the 
  8.33  United States prior to August 22, 1996, under section 203(A)(7) 
  8.34  of the INA as in effect prior to April 1, 1980; 
  8.35     (5) a person who was granted asylum under section 208 of 
  8.36  the INA is eligible for five years after the person was admitted 
  9.1   to the United States if the person resided in the United States 
  9.2   prior to August 22, 1996; 
  9.3      (6) an honorably discharged veteran or person on active 
  9.4   duty and the spouse and unmarried dependent child as defined in 
  9.5   section 402 of Public Law Number 104-193 who resided in the 
  9.6   United States prior to August 22, 1996; or 
  9.7      (7) a person who has resided in the United States prior to 
  9.8   August 22, 1996, who has been battered or subjected to extreme 
  9.9   cruelty, and has been determined by the United States Attorney 
  9.10  General to be qualified under section 431(c) of Public Law 
  9.11  Number 104-193, the Personal Responsibility and Work Opportunity 
  9.12  Reconcilement Act of 1996, providing the person responsible for 
  9.13  the battery or cruelty does not reside in the same household. 
  9.14     (b) The following qualified noncitizens who entered the 
  9.15  United States on or after August 22, 1996: 
  9.16     (1) a person who was admitted to the United States as a 
  9.17  refugee under section 207 of the INA is eligible for five years 
  9.18  after the date the person is admitted to the United States; 
  9.19     (2) a person who was granted asylum under section 208 of 
  9.20  the INA is eligible for five years after the person is admitted 
  9.21  to the United States; 
  9.22     (3) a person whose deportation is being withheld under 
  9.23  section 243(h) of the INA is eligible for five years after the 
  9.24  person is admitted to the United States; 
  9.25     (4) an honorably discharged veteran or person on active 
  9.26  military duty and spouse and unmarried dependent child as 
  9.27  defined in section 402 of Public Law Number 104-193; 
  9.28     (5) a person who was granted conditional entry to the 
  9.29  United States, under section 203(A)(7) of the INA as in effect 
  9.30  prior to April 1, 1980; or 
  9.31     (6) a person who has been battered or subjected to extreme 
  9.32  cruelty, and has been determined by the United States Attorney 
  9.33  General to be qualified under section 431(c) of Public Law 
  9.34  Number 104-193, the Personal Responsibility and Work Opportunity 
  9.35  Act of 1996, providing the person responsible for the battery or 
  9.36  cruelty does not reside in the same household. 
 10.1      (c) The following qualified noncitizens who entered the 
 10.2   United States on or after August 22, 1996, and are not Minnesota 
 10.3   residents are eligible for Minnesota TANF assistance: 
 10.4      (1) a person who was granted conditional entry to the 
 10.5   United States, under section 203(A)(7) of the INA as in effect 
 10.6   prior to April 1, 1980; or 
 10.7      (2) a person who has been battered or subjected to extreme 
 10.8   cruelty, and has been determined by the United States Attorney 
 10.9   General to be qualified under section 431(c) of Public Law 
 10.10  Number 104-193, the Personal Responsibility and Work Opportunity 
 10.11  Act of 1996, providing the person responsible for the battery or 
 10.12  cruelty does not reside in the same household. 
 10.13     Subd. 2.  [FIVE-YEAR BAR FOR RECEIVING ASSISTANCE.] 
 10.14  Minnesota TANF assistance for the following persons is barred 
 10.15  for five years: 
 10.16     (1) a person who was lawfully admitted to the United States 
 10.17  for permanent residence under the Immigration and Nationality 
 10.18  Act (INA) prior to August 22, 1996, but has not worked 40 
 10.19  qualifying quarters of coverage as defined under title II of the 
 10.20  Social Security Act or has not obtained qualifying quarters 
 10.21  under section 435 of Public Law Number 104-193; and 
 10.22     (2) a person who is paroled into the United States prior to 
 10.23  August 22, 1996, under section 212(d)(5) of the INA for a period 
 10.24  of at least one year. 
 10.25     Sec. 13.  [256J.65] [LIMITATION ON BENEFITS.] 
 10.26     Persons who are otherwise eligible for TANF and are new 
 10.27  residents to this state and have resided in the state for 30 
 10.28  days shall receive TANF assistance for one year at the benefit 
 10.29  rate under this state or the former state TANF assistance rate, 
 10.30  whichever is less.  After one year, the TANF assistance rate 
 10.31  shall be the Minnesota benefit rate. 
 10.32     Sec. 14.  [SEVERABILITY.] 
 10.33     If any provision of this act is found to be 
 10.34  unconstitutional and void, the remaining provisions shall remain 
 10.35  valid, unless a court determines otherwise. 
 10.36     Sec. 15.  [EFFECTIVE DATE.] 
 11.1      Sections 1 to 14 are effective July 1, 1997.