Minnesota Legislature
HF 1719
1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/20/2019 12:06pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/25/2019 | |
| 1st Engrossment | Posted on 03/20/2019 |
Current Version - 1st Engrossment
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A bill for an act
relating to human services; modifying drug testing provisions for MFIP and general
assistance; amending Minnesota Statutes 2018, sections 256D.024, subdivision 1;
256J.26, subdivision 1; 609B.425, subdivision 2; 609B.435, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 256D.024, subdivision 1, is amended to read:
Subdivision 1.
Person convicted of drug offenses.
(a) If an applicant or recipient has
been convicted of a drug offense after July 1, 1997, the assistance unit is ineligible for
benefits under this chapter until five years after the applicant has completed terms of the
court-ordered sentence, unless the person is participating in a drug treatment program, has
successfully completed a drug treatment program, or has been assessed by the county and
determined not to be in need of a drug treatment program. Persons subject to the limitations
of this subdivision who become eligible for assistance under this chapter deleted text begin shalldeleted text end new text begin maynew text end be subject
to random drug testing deleted text begin as a condition of continued eligibility and shall lose eligibility for
benefits for five years beginning the month following:deleted text end new text begin . The county or tribe must provide
resources and referrals to drug treatment programs for a person who tests positive for an
illegal controlled substance.
new text end
deleted text begin
(1) any positive test result for an illegal controlled substance; or
deleted text end
deleted text begin
(2) discharge of sentence after conviction for another drug felony.
deleted text end
(b) For the purposes of this subdivision, "drug offense" means a conviction that occurred
after July 1, 1997, of sections 152.021 to 152.025, 152.0261, 152.0262, or 152.096. Drug
offense also means a conviction in another jurisdiction of the possession, use, or distribution
of a controlled substance, or conspiracy to commit any of these offenses, if the offense
occurred after July 1, 1997, and the conviction is a felony offense in that jurisdiction, or in
the case of New Jersey, a high misdemeanor.
Sec. 2.
Minnesota Statutes 2018, section 256J.26, subdivision 1, is amended to read:
Subdivision 1.
Person convicted of drug offenses.
(a) An individual who has been
convicted of a felony level drug offense committed during the previous ten years from the
date of application or recertification is subject to the following:
(1) Benefits for the entire assistance unit must be paid in vendor form for shelter and
utilities during any time the applicant is part of the assistance unit.
(2) The convicted applicant or participant deleted text begin shalldeleted text end new text begin maynew text end be subject to random drug testing
deleted text begin as a condition of continued eligibility anddeleted text end new text begin .new text end Following any positive test for an illegal controlled
substance deleted text begin is subject to the following sanctions:deleted text end new text begin , the county or tribe must provide resources
and referrals to drug treatment programs.
new text end
deleted text begin
(i) for failing a drug test the first time, the residual amount of the participant's grant after
making vendor payments for shelter and utility costs, if any, must be reduced by an amount
equal to 30 percent of the MFIP standard of need for an assistance unit of the same size.
When a sanction under this subdivision is in effect, the job counselor must attempt to meet
with the person face-to-face. During the face-to-face meeting, the job counselor must explain
the consequences of a subsequent drug test failure and inform the participant of the right to
appeal the sanction under section 256J.40. If a face-to-face meeting is not possible, the
county agency must send the participant a notice of adverse action as provided in section
256J.31, subdivisions 4 and 5, and must include the information required in the face-to-face
meeting; or
deleted text end
deleted text begin
(ii) for failing a drug test two times, the participant is permanently disqualified from
receiving MFIP assistance, both the cash and food portions. The assistance unit's MFIP
grant must be reduced by the amount which would have otherwise been made available to
the disqualified participant. Disqualification under this item does not make a participant
ineligible for food stamps or food support. Before a disqualification under this provision is
imposed, the job counselor must attempt to meet with the participant face-to-face. During
the face-to-face meeting, the job counselor must identify other resources that may be available
to the participant to meet the needs of the family and inform the participant of the right to
appeal the disqualification under section 256J.40. If a face-to-face meeting is not possible,
the county agency must send the participant a notice of adverse action as provided in section
256J.31, subdivisions 4 and 5, and must include the information required in the face-to-face
meeting.
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deleted text begin
(3) A participant who fails a drug test the first time and is under a sanction due to other
MFIP program requirements is considered to have more than one occurrence of
noncompliance and is subject to the applicable level of sanction as specified under section
256J.46, subdivision 1, paragraph (d).
deleted text end
(b) Applicants requesting only food stamps or food support or participants receiving
only food stamps or food support, who have been convicted of a drug offense that occurred
after July 1, 1997, may, if otherwise eligible, receive food stamps or food supportnew text begin .new text end deleted text begin ifdeleted text end The
convicted applicant or participant new text begin may benew text end deleted text begin isdeleted text end subject to random drug testing deleted text begin as a condition
of continued eligibilitydeleted text end . Following a positive test for an illegal controlled substance, deleted text begin the
applicant is subject to the following sanctions:deleted text end new text begin the county or tribe must provide resources
and referrals to drug treatment programs.
new text end
deleted text begin
(1) for failing a drug test the first time, food stamps or food support shall be reduced by
an amount equal to 30 percent of the applicable food stamp or food support allotment. When
a sanction under this clause is in effect, a job counselor must attempt to meet with the person
face-to-face. During the face-to-face meeting, a job counselor must explain the consequences
of a subsequent drug test failure and inform the participant of the right to appeal the sanction
under section 256J.40. If a face-to-face meeting is not possible, a county agency must send
the participant a notice of adverse action as provided in section 256J.31, subdivisions 4 and
5, and must include the information required in the face-to-face meeting; and
deleted text end
deleted text begin
(2) for failing a drug test two times, the participant is permanently disqualified from
receiving food stamps or food support. Before a disqualification under this provision is
imposed, a job counselor must attempt to meet with the participant face-to-face. During the
face-to-face meeting, the job counselor must identify other resources that may be available
to the participant to meet the needs of the family and inform the participant of the right to
appeal the disqualification under section 256J.40. If a face-to-face meeting is not possible,
a county agency must send the participant a notice of adverse action as provided in section
256J.31, subdivisions 4 and 5, and must include the information required in the face-to-face
meeting.
deleted text end
(c) For the purposes of this subdivision, "drug offense" means an offense that occurred
during the previous ten years from the date of application or recertification of sections
152.021 to 152.025, 152.0261, 152.0262, 152.096, or 152.137. Drug offense also means a
conviction in another jurisdiction of the possession, use, or distribution of a controlled
substance, or conspiracy to commit any of these offenses, if the offense occurred during
the previous ten years from the date of application or recertification and the conviction is
a felony offense in that jurisdiction, or in the case of New Jersey, a high misdemeanor.
Sec. 3.
Minnesota Statutes 2018, section 609B.425, subdivision 2, is amended to read:
Subd. 2.
Benefit eligibility.
(a) A person convicted of a drug offense after July 1, 1997,
is ineligible for general assistance benefits and Supplemental Security Income under chapter
256D until:
(1) five years after completing the terms of a court-ordered sentence; or
(2) unless the person is participating in a drug treatment program, has successfully
completed a program, or has been determined not to be in need of a drug treatment program.
(b) A person who becomes eligible for assistance under chapter 256D deleted text begin isdeleted text end new text begin may benew text end subject
to random drug testing deleted text begin and shall lose eligibility for benefits for five years beginning the
month following:deleted text end new text begin . The county or tribe must provide resources and referrals to drug treatment
programs for a person who tests positive for an illegal controlled substance.
new text end
deleted text begin
(1) any positive test for an illegal controlled substance; or
deleted text end
deleted text begin
(2) discharge of sentence for conviction of another drug felony.
deleted text end
(c) Parole violators and fleeing felons are ineligible for benefits and persons fraudulently
misrepresenting eligibility are also ineligible to receive benefits for ten years.
Sec. 4.
Minnesota Statutes 2018, section 609B.435, subdivision 2, is amended to read:
Subd. 2.
Drug offenders; random testing; sanctions.
A person who is an applicant for
benefits from the Minnesota family investment program or MFIP, the vehicle for temporary
assistance for needy families or TANF, and who has been convicted of a drug offense deleted text begin shalldeleted text end new text begin
maynew text end be subject to deleted text begin certain conditions, includingdeleted text end random drug testingdeleted text begin , in order to receive
MFIP benefitsdeleted text end . Following any positive test for a controlled substance, the deleted text begin convicted applicant
or participant is subject to the following sanctions:deleted text end new text begin county or tribe must provide resources
and referrals to drug treatment programs.
new text end
deleted text begin
(1) a first time drug test failure results in a reduction of benefits in an amount equal to
30 percent of the MFIP standard of need; and
deleted text end
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(2) a second time drug test failure results in permanent disqualification from receiving
MFIP assistance.
deleted text end
deleted text begin
A similar disqualification sequence occurs if the applicant is receiving food stamps.
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