Minnesota Legislature
HF 1987
as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 02:19pm
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A bill for an act
relating to human services; modifying MFIP and general assistance requirements
related to random drug testing; amending Minnesota Statutes 2012, sections
256D.024, subdivision 1; 256J.26, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, 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 shall
deleted text end new text begin maynew text end be subject to random drug testing as a condition of continued eligibility deleted text begin and shall lose
eligibility for benefits for five years beginning the month following:deleted text end new text begin .
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 2012, 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 deleted text begin isdeleted text end new text begin may benew text end subject to the following:
(1) Benefits for the entire assistance unit deleted text begin mustdeleted text end new text begin maynew text end 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 as a condition of continued eligibility and following any positive test for an illegal
controlled substance is subject to the following sanctions:
(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
(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.
(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).
(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 support
if the convicted applicant or participant is subject to random drug testing as a condition
of continued eligibility. Following a positive test for an illegal controlled substance, the
applicant is subject to the following sanctions:
(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
(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.
(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.