Minnesota Legislature
HF 2081
1st Engrossment - 87th Legislature (2011 - 2012) Posted on 02/23/2012 03:19pm
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A bill for an act
relating to human services; modifying electronic benefit transfer cards; regulating
use of electronic benefit transfer cards; providing criminal penalties; amending
Minnesota Statutes 2011 Supplement, section 256.987, subdivisions 1, 2, by
adding subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2011 Supplement, section 256.987, subdivision 1,
is amended to read:
Subdivision 1.
Electronic benefit transfer (EBT) card.
Cash benefits for the
general assistance and Minnesota supplemental aid programs under chapter 256D and
programs under chapter 256J must be issued on deleted text begina separatedeleted text endnew text begin annew text end EBT card with the name of
the head of household printed on the card. The card must include the following statement:
"It is unlawful to use this card to purchase tobacco products or alcoholic beverages." This
card must be issued within 30 calendar days of an eligibility determination. During the
initial 30 calendar days of eligibility, a recipient may have cash benefits issued on an EBT
card without a name printed on the card. This card may be the same card on which food
support benefits are issued and does not need to meet the requirements of this section.
Sec. 2.
Minnesota Statutes 2011 Supplement, section 256.987, subdivision 2, is
amended to read:
Subd. 2.
Prohibited purchases.
new text beginAn individual with an new text endEBT deleted text begindebit cardholders indeleted text endnew text begin
card issued for one of thenew text end programs listed under subdivision 1 deleted text beginaredeleted text endnew text begin isnew text end prohibited from using
the EBT debit card to purchase tobacco products and alcoholic beverages, as defined in
section 340A.101, subdivision 2. deleted text beginIt is unlawful for an EBT cardholder to purchase or
attempt to purchase tobacco products or alcoholic beverages with the cardholder's EBT
card.deleted text end Any deleted text beginunlawful usedeleted text endnew text begin prohibited purchases madenew text end under this subdivision shall constitute
deleted text begin frauddeleted text endnew text begin unlawful usenew text end and result in disqualificationnew text begin of the cardholdernew text end from the program deleted text beginunder
section 256.98, subdivision 8deleted text endnew text begin as provided in subdivision 4new text end.
Sec. 3.
Minnesota Statutes 2011 Supplement, section 256.987, is amended by adding a
subdivision to read:
new text begin Subd. 3. new text end
new text begin EBT use restricted to certain states. new text end
new text begin
EBT debit cardholders in programs
listed under subdivision 1 are prohibited from using the cash portion of the EBT card at
vendors and automatic teller machines located outside of Minnesota, Iowa, North Dakota,
South Dakota, or Wisconsin. This subdivision does not apply to the food portion.
new text end
Sec. 4.
Minnesota Statutes 2011 Supplement, section 256.987, is amended by adding a
subdivision to read:
new text begin Subd. 4. new text end
new text begin Disqualification. new text end
new text begin
(a) Any person found to be guilty of purchasing tobacco
products or alcoholic beverages with their EBT debit card by a federal or state court or
by an administrative hearing determination, or waiver thereof, through a disqualification
consent agreement, or as part of any approved diversion plan under section 401.065, or
any court-ordered stay which carries with it any probationary or other conditions, in
the: (1) Minnesota family investment program and any affiliated program to include
the diversionary work program and the work participation cash benefit program under
chapter 256J; (2) general assistance program under chapter 256D; or (3) Minnesota
supplemental aid program under chapter 256D, shall be permanently disqualified from
all of the listed programs.
new text end
new text begin
(b) The needs of the disqualified individual shall not be taken into consideration in
determining the grant level for that assistance unit.
new text end
new text begin
(c) Program disqualification shall begin on the date stipulated on the advance
notice of disqualification without possibility for postponement for administrative stay or
administrative hearing and shall continue through completion unless and until the findings
upon which the sanctions were imposed are reversed by a court of competent jurisdiction.
The period for which sanctions are imposed is not subject to review.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2012.
new text end
Sec. 5.
Minnesota Statutes 2011 Supplement, section 256.987, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin Prohibited transfers. new text end
new text begin
It is a misdemeanor for an EBT debit cardholder in
programs listed under subdivision 1 to sell, barter, exchange, or transfer the EBT card to
another person unless the benefits contained on the card are solely expended to aid the
cardholder or a member of the cardholder's household.
new text end
Sec. 6. new text beginREVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall change the term "assistance transaction card" or
similar terms to "electronic benefit transaction" or similar terms wherever they appear in
Minnesota Statutes, chapter 256. The revisor may make changes necessary to correct the
punctuation, grammar, or structure of the remaining text and preserve its meaning.
new text end