HF 2092

as introduced - 89th Legislature (2015 - 2016) Posted on 03/23/2015 01:26pm

A bill for an act
relating to human services; making changes to public assistance programs;
limiting the use of electronic benefit transfer cards; modifying residency
requirements and asset standards for public assistance programs; establishing a
family cap for MFIP; requiring testing for controlled substances for applicants
and recipients of general assistance and MFIP; authorizing rulemaking; amending
Minnesota Statutes 2014, sections 256.987, subdivision 3; 256D.02, subdivision
12a; 256D.08, subdivision 2; 256J.12, subdivisions 1a, 2; 256J.20, subdivisions
1, 2; 256J.24, by adding a subdivision; 256P.02, subdivisions 1, 2; 256P.04,
subdivisions 4, 8; Laws 2014, chapter 312, article 28, section 37; proposing
coding for new law in Minnesota Statutes, chapters 256; 256D; 256J; repealing
Minnesota Statutes 2014, sections 256J.20, subdivision 3; 256P.02, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 256.987, subdivision 3, is amended to read:

Subd. 3.

EBT use restricted to deleted text begin certain states deleted text end new text begin Minnesota new text end .

EBT debit cardholders
in programs listed under subdivision 1 are prohibited from using deleted text begin the cash portion of the deleted text end new text begin
an new text end EBT card at vendors and automatic teller machines located outside of Minnesota deleted text begin ,
Iowa, North Dakota, South Dakota, or Wisconsin. This subdivision does not apply to the
food portion deleted text end .

Sec. 2.

new text begin [256.988] ELECTRONIC BENEFIT TRANSFER CARDS; PROHIBITED
PURCHASE OF FOOD WITH LIMITED NUTRITIONAL VALUE.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin An individual with an electronic benefit transfer (EBT)
card issued for the Supplemental Nutrition Assistance Program or for a program listed
under section 256.987, subdivision 1, is prohibited from using the EBT card to purchase
food with limited nutritional value. This subdivision applies to the cash portion and the
food portion of the assistance issued on the card.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking. new text end

new text begin The commissioner shall adopt rules to administer this
section. In adopting rules, the commissioner shall specify which food items constitute
food with limited nutritional value and shall determine the frequency with which the
commissioner must update the list of food with limited nutritional value, how the list of
food with limited nutritional value and updates to the list are communicated to retail food
handlers, and methods for retail food handlers to ensure compliance with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for participants in the Supplemental
Nutrition Assistance Program upon the receipt of any necessary federal waivers or
approvals. The commissioner of human services shall notify the revisor of statutes when
the necessary federal waivers or approvals are obtained.
new text end

Sec. 3.

Minnesota Statutes 2014, section 256D.02, subdivision 12a, is amended to read:

Subd. 12a.

Resident.

(a) For purposes of eligibility for general assistance, a person
must be a resident of this state.

(b) A "resident" is a person living in the state for at least deleted text begin 30 deleted text end new text begin 90 new text end days with the
intention of making the person's home here and not for any temporary purpose. Time
spent in a shelter for battered women shall count toward satisfying the deleted text begin 30-day deleted text end new text begin 90-day new text end
residency requirement. All applicants for these programs are required to demonstrate the
requisite intent and can do so in any of the following ways:

(1) by showing that the applicant maintains a residence at a verified address, other
than a place of public accommodation. An applicant may verify a residence address by
presenting a valid state driver's license, a state identification card, a voter registration card,
a rent receipt, a statement by the landlord, apartment manager, or homeowner verifying
that the individual is residing at the address, or other form of verification approved by
the commissioner; or

(2) by verifying residence according to Minnesota Rules, part 9500.1219, subpart
3, item C.

(c) For general assistance, a county shall waive the deleted text begin 30-day deleted text end new text begin 90-day new text end residency
requirement where unusual hardship would result from denial of general assistance. For
purposes of this subdivision, "unusual hardship" means the applicant is without shelter
or is without available resources for food.

The county agency must report to the commissioner within 30 days on any waiver
granted under this section. The county shall not deny an application solely because the
applicant does not meet at least one of the criteria in this subdivision, but shall continue to
process the application and leave the application pending until the residency requirement
is met or until eligibility or ineligibility is established.

(d) For purposes of paragraph (c), the following definitions apply (1) "metropolitan
statistical area" is as defined by the United States Census Bureau; (2) "shelter" includes
any shelter that is located within the metropolitan statistical area containing the county
and for which the applicant is eligible, provided the applicant does not have to travel more
than 20 miles to reach the shelter and has access to transportation to the shelter. Clause (2)
does not apply to counties in the Minneapolis-St. Paul metropolitan statistical area.

(e) Migrant workers as defined in section 256J.08 are exempt from the residency
requirements of this section, provided the migrant worker provides verification that the
migrant family worked in this state within the last 12 months and earned at least $1,000 in
gross wages during the time the migrant worker worked in this state.

(f) For purposes of eligibility for emergency general assistance, the deleted text begin 30-day deleted text end new text begin 90-day new text end
residency requirement under this section shall not be waived.

(g) If any provision of this subdivision is enjoined from implementation or found
unconstitutional by any court of competent jurisdiction, the remaining provisions shall
remain valid and shall be given full effect.

Sec. 4.

new text begin [256D.025] TESTING FOR CONTROLLED SUBSTANCES REQUIRED
FOR APPLICANTS AND RECIPIENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Testing required. new text end

new text begin At the time of application and at each
recertification, an applicant for or recipient of general assistance benefits must be tested
for controlled substances as defined in section 152.02. To be eligible for general assistance
benefits under this chapter, the applicant or recipient must provide the appropriate county
agency with evidence of a test result that does not indicate the use of controlled substances.
new text end

new text begin Subd. 2. new text end

new text begin Reporting results; ineligibility for benefits. new text end

new text begin A laboratory performing
a test under this section must report to the appropriate county agency any test result for
an applicant or recipient that indicates the use of controlled substances. Upon receipt
of a test result indicating the use of controlled substances, a county agency must deny
or discontinue benefits to the applicant or recipient until the applicant or recipient
demonstrates a pattern of test results that satisfies the county agency that the applicant
or recipient is no longer a user of controlled substances. An applicant or recipient who
refuses to be tested according to this section is ineligible for benefits.
new text end

new text begin Subd. 3. new text end

new text begin Payment for controlled substance test. new text end

new text begin An applicant or recipient must
pay the full cost of a test under this section. If the applicant or recipient receives a test
result that does not indicate the use of controlled substances, the commissioner shall
reimburse the applicant or recipient for the cost of the test.
new text end

Sec. 5.

Minnesota Statutes 2014, section 256D.08, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Rulemaking; exclusion of deleted text end Property new text begin considered in determining
eligibility new text end .

deleted text begin Notwithstanding any other provision of sections 256D.01 to 256D.21, deleted text end The
commissioner shall deleted text begin provide by rule for the exclusion of deleted text end new text begin consider the value of all personal
new text end property deleted text begin from the determination of deleted text end new text begin owned by the assistance unit when determining
new text end eligibility for general assistance deleted text begin when it appears likely that the need for general assistance
will not exceed 30 days or an undue hardship would be imposed on an assistance unit by
the forced disposal of the property deleted text end .

Sec. 6.

Minnesota Statutes 2014, section 256J.12, subdivision 1a, is amended to read:

Subd. 1a.

deleted text begin 30-day deleted text end new text begin 90-day new text end residency requirement.

An assistance unit is considered
to have established residency in this state only when a child or caregiver has resided in this
state for at least deleted text begin 30 deleted text end new text begin 90 new text end consecutive days with the intention of making the person's home
here and not for any temporary purpose. The birth of a child in Minnesota to a member
of the assistance unit does not automatically establish the residency in this state under
this subdivision of the other members of the assistance unit. Time spent in a shelter for
battered women shall count toward satisfying the deleted text begin 30-day deleted text end new text begin 90-day new text end residency requirement.

Sec. 7.

Minnesota Statutes 2014, section 256J.12, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

(a) A county shall waive the deleted text begin 30-day deleted text end new text begin 90-day new text end residency
requirement where unusual hardship would result from denial of assistance.

(b) For purposes of this section, unusual hardship means an assistance unit:

(1) is without alternative shelter; or

(2) is without available resources for food.

(c) For purposes of this subdivision, the following definitions apply (1) "metropolitan
statistical area" is as defined by the U.S. Census Bureau; (2) "alternative shelter" includes
any shelter that is located within the metropolitan statistical area containing the county and
for which the family is eligible, provided the assistance unit does not have to travel more
than 20 miles to reach the shelter and has access to transportation to the shelter. Clause (2)
does not apply to counties in the Minneapolis-St. Paul metropolitan statistical area.

(d) Applicants are considered to meet the residency requirement under subdivision
1a if they once resided in Minnesota and:

(1) joined the United States armed services, returned to Minnesota within 30 days of
leaving the armed services, and intend to remain in Minnesota; or

(2) left to attend school in another state, paid nonresident tuition or Minnesota
tuition rates under a reciprocity agreement, and returned to Minnesota within 30 days of
graduation with the intent to remain in Minnesota.

(e) The deleted text begin 30-day residence deleted text end new text begin 90-day residency new text end requirement is met when:

(1) a minor child or a minor caregiver moves from another state to the residence of
a relative caregiver; and

(2) the relative caregiver has resided in Minnesota for at least deleted text begin 30 deleted text end new text begin 90 new text end consecutive
days and:

(i) the minor caregiver applies for and receives MFIP; or

(ii) the relative caregiver applies for assistance for the minor child but does not
choose to be a member of the MFIP assistance unit.

Sec. 8.

Minnesota Statutes 2014, section 256J.20, subdivision 1, is amended to read:

Subdivision 1.

Property ownership provisions.

The county agency must apply
paragraphs (a) to deleted text begin (d) deleted text end new text begin (c) new text end to real and personal property. The county agency must use the
equity value of legally available real and personal property, except property excluded
in deleted text begin subdivisions deleted text end new text begin subdivision new text end 2 deleted text begin and 3 deleted text end , to determine whether an applicant or participant
is eligible for assistance.

(a) When real or personal property is jointly owned by two or more persons, the
county agency shall assume that each person owns an equal share, except that either
person owns the entire sum of a joint personal checking or savings account. When an
applicant or participant documents greater or lesser ownership, the county agency must
use that greater or lesser share to determine the equity value held by the applicant or
participant. Other types of ownership must be evaluated according to law.

(b) Real or personal property owned by the applicant or participant must be
presumed legally available to the applicant or participant unless the applicant or participant
documents that the property is not legally available to the applicant or participant. When
real or personal property is not legally available, its equity value must not be applied
deleted text begin against the limits of subdivisions deleted text end new text begin according to subdivision new text end 2 deleted text begin and 3 deleted text end .

(c) An applicant must disclose whether the applicant has transferred real or
personal property deleted text begin valued in excess of the property limits in subdivisions 2 and 3 deleted text end for
which reasonable compensation was not received within one year prior to application.
A participant must disclose all transfers of property deleted text begin valued in excess of these limits, deleted text end
according to the reporting requirements in section 256J.30, subdivision 9. When a transfer
of real or personal property without reasonable compensation has occurred:

(1) the person who transferred the property must provide the property's description,
information needed to determine the property's equity value, the names of the persons who
received the property, and the circumstances of and reasons for the transfer; and

(2) when the transferred property can be reasonably reacquired, or when reasonable
compensation can be secured, the property is presumed legally available to the applicant
or participant.

deleted text begin (d) A participant may build the equity value of real and personal property to the
limits in subdivisions 2 and 3.
deleted text end

Sec. 9.

Minnesota Statutes 2014, section 256J.20, subdivision 2, is amended to read:

Subd. 2.

Real property deleted text begin limitations deleted text end .

Ownership of real property by an applicant or
participant is subject to the limitations in paragraphs (a) and (b).

(a) A county agency shall exclude the homestead of an applicant or participant
according to clauses (1) to (5):

(1) an applicant or participant who is purchasing real property through a contract for
deed and using that property as a home is considered the owner of real property;

(2) the total amount of land that can be excluded under this subdivision is limited to
surrounding property which is not separated from the home by intervening property owned
by others. Additional property must be assessed as to its legal and actual availability
according to subdivision 1;

(3) when real property that has been used as a home by a participant is sold, the
county agency must treat the cash proceeds from the sale as excluded property for six
months when the participant intends to reinvest the proceeds in another home and
maintains those proceeds, unused for other purposes, in a separate account;

(4) when the homestead is jointly owned, but the client does not reside in it because
of legal separation, pending divorce, or battering or abuse by the spouse or partner, the
homestead is excluded; and

(5) the homestead shall continue to be excluded if it is temporarily unoccupied due to
employment, illness, or as the result of compliance with a county-approved employability
plan. The education, training, or job search must be within the state, but can be outside
the immediate geographic area. A homestead temporarily unoccupied because it is not
habitable due to a casualty or natural disaster is excluded. The homestead is excluded
during periods only if the client intends to return to it.

(b) The equity value of real property that is not excluded under paragraph (a) and
which is legally available must be deleted text begin applied against the limits in subdivision 3. When the
equity value of the real property exceeds the limits under subdivision 3, the applicant or
participant may qualify to receive assistance when the applicant or participant continues to
make a good faith effort to sell the property and signs a legally binding agreement to repay
the amount of assistance, less child support collected by the agency. Repayment must be
made within five working days after the property is sold. Repayment to the county agency
must be in the amount of assistance received or the proceeds of the sale, whichever is less deleted text end new text begin
considered in determining an applicant's or participant's eligibility for MFIP new text end .

Sec. 10.

Minnesota Statutes 2014, section 256J.24, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Family cap. new text end

new text begin (a) MFIP assistance units shall not receive an increase in
the cash portion of the transitional standard as a result of the birth of a child, unless one
of the conditions under paragraph (b) is met. The child shall be considered a member of
the assistance unit according to subdivisions 1 to 3, but shall be excluded in determining
family size for purposes of determining the amount of the cash portion of the transitional
standard under subdivision 5. The child shall be included in determining family size for
purposes of determining the food portion of the transitional standard. The transitional
standard under this subdivision shall be the total of the cash and food portions as specified
in this paragraph. The family wage level under this subdivision shall be based on the
family size used to determine the food portion of the transitional standard.
new text end

new text begin (b) A child shall be included in determining family size for purposes of determining
the amount of the cash portion of the MFIP transitional standard when at least one of
the following conditions is met:
new text end

new text begin (1) for families receiving MFIP assistance on July 1, 2015, the child is born to the
adult parent before May 1, 2016;
new text end

new text begin (2) for families who apply for the diversionary work program under section 256J.95
or MFIP assistance on or after July 1, 2015, the child is born to the adult parent within
ten months of the date the family is eligible for assistance;
new text end

new text begin (3) the child was conceived as a result of a sexual assault or incest, provided that the
incident has been reported to a law enforcement agency;
new text end

new text begin (4) the child's mother is a minor caregiver as defined in section 256J.08, subdivision
59, and the child, or multiple children, are the mother's first birth;
new text end

new text begin (5) the child is the mother's first child subsequent to a pregnancy that did not result
in a live birth; or
new text end

new text begin (6) any child previously excluded in determining family size under paragraph
(a) shall be included if the adult parent or parents have not received benefits from the
diversionary work program under section 256J.95 or MFIP assistance in the previous ten
months. An adult parent or parents who reapply and have received benefits from the
diversionary work program or MFIP assistance in the past ten months shall be under the
ten-month grace period of their previous application under clause (2).
new text end

new text begin (c) Income and resources of a child excluded under this subdivision, except child
support received or distributed on behalf of this child, must be considered using the same
policies as for other children when determining the grant amount of the assistance unit.
new text end

new text begin (d) The caregiver must assign support and cooperate with the child support
enforcement agency to establish paternity and collect child support on behalf of the
excluded child. Failure to cooperate results in the sanction specified in section 256J.46,
subdivisions 2 and 2a.
new text end

new text begin (e) County agencies must inform applicants of the provisions under this subdivision
at the time of each application and at recertification.
new text end

new text begin (f) Children excluded under this provision shall be deemed MFIP recipients for
purposes of child care under chapter 119B.
new text end

Sec. 11.

new text begin [256J.261] TESTING FOR CONTROLLED SUBSTANCES REQUIRED
FOR APPLICANTS AND PARTICIPANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Testing required. new text end

new text begin At the time of application and at each
recertification, an applicant for or participant in MFIP must be tested for controlled
substances as defined in section 152.02. To be eligible for assistance, the applicant or
participant must provide the appropriate county agency with evidence of a test result that
does not indicate the use of controlled substances.
new text end

new text begin Subd. 2. new text end

new text begin Reporting results; ineligibility for benefits. new text end

new text begin A laboratory performing
a test under this section must report to the appropriate county agency any test result for
an applicant or participant that indicates the use of controlled substances. Upon receipt
of a test result indicating the use of controlled substances, a county agency must deny
or discontinue benefits to the applicant or participant until the applicant or participant
demonstrates a pattern of test results that satisfies the county agency that the applicant or
participant is no longer a user of controlled substances. An applicant or participant who
refuses to be tested according to this section is ineligible for benefits.
new text end

new text begin Subd. 3. new text end

new text begin Payment for controlled substance test. new text end

new text begin An applicant or participant must
pay the full cost of a test under this section. If the applicant or participant receives a test
result that does not indicate the use of controlled substances, the commissioner shall
reimburse the applicant or participant for the cost of the test.
new text end

Sec. 12.

Minnesota Statutes 2014, section 256P.02, subdivision 1, is amended to read:

Subdivision 1.

Property ownership.

(a) The agency must apply paragraphs (b) to
deleted text begin (e) deleted text end new text begin (d) new text end to determine the value of personal property. The agency must use the equity value
of legally available personal property to determine whether an applicant or participant
is eligible for assistance.

(b) When personal property is jointly owned by two or more persons, the agency
shall assume that each person owns an equal share, except that either person owns
the entire sum of a joint personal checking or savings account. When an applicant or
participant documents greater or lesser ownership, the agency must use that greater or
lesser share to determine the equity value held by the applicant or participant. Other types
of ownership must be evaluated according to law.

(c) Personal property owned by the applicant or participant must be presumed legally
available to the applicant or participant unless the applicant or participant documents
that the property is not legally available to the applicant or participant. When personal
property is not legally available, its equity value must not be applied deleted text begin against the limits of deleted text end new text begin
according to new text end subdivision 2.

(d) An applicant must disclose whether the applicant has transferred personal
property deleted text begin valued in excess of the property limits in subdivision 2 deleted text end for which reasonable
compensation was not received within one year prior to application. A participant must
disclose all transfers of property deleted text begin valued in excess of these limits, deleted text end according to the reporting
requirements in section 256J.30, subdivision 9. When a transfer of personal property
without reasonable compensation has occurred:

(1) the person who transferred the property must provide the property's description,
information needed to determine the property's equity value, the names of the persons who
received the property, and the circumstances of and reasons for the transfer; and

(2) when the transferred property can be reasonably reacquired, or when reasonable
compensation can be secured, the property is presumed legally available to the applicant
or participant.

deleted text begin (e) A participant may build the equity value of personal property to the limits in
subdivision 2.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 13.

Minnesota Statutes 2014, section 256P.02, subdivision 2, is amended to read:

Subd. 2.

Personal property deleted text begin limitations deleted text end new text begin considered in determining eligibility new text end .

The equity value of an assistance unit's personal property deleted text begin listed in clauses (1) to (4) deleted text end new text begin ,
including all vehicles owned by the assistance unit, new text end must deleted text begin not exceed $10,000 for
applicants and participants deleted text end new text begin be considered when determining an applicant's or participant's
eligibility under this chapter for public assistance new text end . deleted text begin For purposes of this subdivision,
personal property is limited to:
deleted text end

deleted text begin (1) cash;
deleted text end

deleted text begin (2) bank accounts;
deleted text end

deleted text begin (3) liquid stocks and bonds that can be readily accessed without a financial penalty;
and
deleted text end

deleted text begin (4) vehicles not excluded under subdivision 3.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 14.

Minnesota Statutes 2014, section 256P.04, subdivision 4, is amended to read:

Subd. 4.

Factors to be verified.

(a) The agency shall verify the following at
application:

(1) identity of adults;

(2) age, if necessary to determine eligibility;

(3) immigration status;

(4) income new text begin and the value of all personal property new text end ;

(5) spousal support and child support payments made to persons outside the
household;

(6) vehicles;

(7) checking and savings accounts;

(8) inconsistent information, if related to eligibility;

(9) residence; and

(10) Social Security number.

(b) Applicants who are qualified noncitizens and victims of domestic violence as
defined under section 256J.08, subdivision 73, clause (7), are not required to verify the
information in paragraph (a), clause (10). When a Social Security number is not provided
to the agency for verification, this requirement is satisfied when each member of the
assistance unit cooperates with the procedures for verification of Social Security numbers,
issuance of duplicate cards, and issuance of new numbers which have been established
jointly between the Social Security Administration and the commissioner.

Sec. 15.

Minnesota Statutes 2014, section 256P.04, subdivision 8, is amended to read:

Subd. 8.

Recertification.

The agency shall recertify eligibility in an annual
interview with the participant. The interview may be conducted by telephone, by Internet
telepresence, or face-to-face in the county office or in another location mutually agreed
upon. A participant must be given the option of a telephone interview or Internet
telepresence to recertify eligibility. During the interview, the agency shall verify the
following:

(1) income, unless excluded, including self-employment earnings;

(2) assets deleted text begin when the value is within $200 of the asset limit deleted text end ; and

(3) inconsistent information, if related to eligibility.

Sec. 16.

Laws 2014, chapter 312, article 28, section 37, is amended to read:

Sec. 37. REPEALER.

(a) Minnesota Statutes 2012, sections 256J.08, subdivisions 55a and 82a; and
256J.24, subdivision 9, are repealed effective January 1, 2015.

(b) Minnesota Statutes 2012, sections 256D.405, subdivisions 1a and 2; 256J.08,
subdivision 42; and 256J.32, subdivisions 2, 3, 4, 5a, 6, 7, 7a, and 8, are repealed effective
February 1, 2015.

(c) Minnesota Statutes 2012, section 256D.06, subdivision 1b, is repealed effective
October 1, 2015.

(d) Minnesota Statutes 2013 Supplement, section 256J.08, subdivision 24, is
repealed effective October 1, 2015.

(e) Minnesota Statutes 2012, sections 256D.08, subdivision 2; and 256J.20,
new text begin subdivisions 1 and 2, new text end are repealed effective June 1, 2016.

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 256J.20, subdivision 3; and 256P.02, subdivision
3, new text end new text begin are repealed.
new text end