HF 2232

as introduced - 87th Legislature (2011 - 2012) Posted on 03/08/2012 04:28pm

A bill for an act
relating to human services; preventing welfare fraud; allowing access to drivers
license photos in welfare fraud investigations; requiring driver's licenses be
verified authentic prior to granting welfare benefits; requiring a search of drug
convictions to determine welfare benefit eligibility; excluding drug offenders
from welfare eligibility; amending Minnesota Statutes 2010, sections 171.07,
subdivision 1a; 256J.11, by adding a subdivision; 256J.26, subdivision 1, by
adding a subdivision; 256J.32, subdivision 4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 171.07, subdivision 1a, is amended to read:

Subd. 1a.

Filing photograph or image; data classification.

The department shall
file, or contract to file, all photographs or electronically produced images obtained in the
process of issuing drivers' licenses or Minnesota identification cards. new text begin The department shall
permanently retain all photographs or electronically produced images collected and filed
pursuant to this section. new text end The photographs or electronically produced images shall be
private data pursuant to section 13.02, subdivision 12. Notwithstanding section 13.04,
subdivision 3, the department shall not be required to provide copies of photographs or
electronically produced images to data subjects. The use of the files is restricted:

(1) to the issuance and control of drivers' licenses;

(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the
investigation and prosecution of crimes, service of process, enforcement of no contact
orders, location of missing persons, investigation and preparation of cases for criminal,
juvenile, and traffic court, and supervision of offenders;

(3) to public defenders, as defined in section 611.272, for the investigation and
preparation of cases for criminal, juvenile, and traffic courts; deleted text begin and
deleted text end

(4) to child support enforcement purposes under section 256.978 new text begin ; and
new text end

new text begin (5) to welfare eligibility and fraud investigative purposes under sections 256.983
and 256J.32 new text end .

Sec. 2.

Minnesota Statutes 2010, section 256J.11, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Verification. new text end

new text begin The commissioner of public safety shall make electronic data
on citizenship available to the commissioner of human services. The commissioner of
human services must determine whether the data newly indicates that any individuals
who receive welfare benefits are not citizens. The commissioner of human services shall
terminate welfare benefits to persons determined not to be citizens and otherwise eligible
to receive welfare benefits. The commissioner shall notify the county attorney when it
confirms that an ineligible noncitizen was receiving welfare benefits.
new text end

Sec. 3.

Minnesota Statutes 2010, section 256J.26, subdivision 1, is amended to read:

Subdivision 1.

Person convicted of drug offenses.

(a) Applicants or participants
who have been convicted of a drug offense committed after July 1, 1997, deleted text begin may, if otherwise
eligible, receive deleted text end new text begin are disqualified from receiving new text end MFIP benefits deleted text begin subject to the following
conditions: deleted text end new text begin , both the cash and food portions.
new text end

deleted text begin (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.
deleted text end

deleted text begin (2) The convicted applicant or participant shall 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:
deleted 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. deleted text end The assistance unit's MFIP
grant must be reduced by the amount which would have otherwise been made available to
the disqualified participant. deleted text begin 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.
deleted text end

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

deleted text begin (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:
deleted 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

deleted text begin (c) deleted text end new text begin (b) new text end For the purposes of this subdivision, "drug offense" means an offense that
occurred after July 1, 1997, of sections 152.021 to 152.025, 152.0261, 152.0262, deleted text begin or deleted text end
152.096 new text begin , or 152.137 new text end . 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012, for all new MFIP
applicants who apply on or after that date and for all eligibility recertifications occurring
on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2010, section 256J.26, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Drug convictions. new text end

new text begin (a) The state court administrator shall report regularly
by electronic means to the commissioner of human services the name, address, date of
birth, and, if available, driver's license or state identification card number, date of sentence,
effective date of the sentence, and county in which the conviction occurred of each person
who has been convicted of a felony under chapter 152.
new text end

new text begin (b) The commissioner of human services shall determine at the time of initial
application and recertification under section 256J.32, subdivision 6, if any of the persons
in the report is applying for or receiving welfare benefits in violation of this section.
new text end

Sec. 5.

Minnesota Statutes 2010, section 256J.32, subdivision 4, is amended to read:

Subd. 4.

Factors to be verified.

The county agency shall verify the following
at application:

(1) identity of adults;

(2) presence of the minor child in the home, if questionable;

(3) relationship of a minor child to caregivers in the assistance unit;

(4) age, if necessary to determine MFIP eligibility;

(5) immigration status;

(6) Social Security number according to the requirements of section 256J.30,
subdivision 12;

(7) income;

(8) self-employment expenses used as a deduction;

(9) source and purpose of deposits and withdrawals from business accounts;

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

(11) real property;

(12) vehicles;

(13) checking and savings accounts;

(14) savings certificates, savings bonds, stocks, and individual retirement accounts;

(15) pregnancy, if related to eligibility;

(16) inconsistent information, if related to eligibility;

(17) burial accounts;

(18) school attendance, if related to eligibility;

(19) residence;

(20) a claim of family violence if used as a basis to qualify for the family violence
waiver;

(21) disability if used as the basis for reducing the hourly participation requirements
under section 256J.55, subdivision 1, or the type of activity included in an employment
plan under section 256J.521, subdivision 2; deleted text begin and
deleted text end

(22) information needed to establish an exception under section 256J.24, subdivision
9 new text begin ; and
new text end

new text begin (23) the validity and status of Minnesota drivers' licenses or identification cards,
if provided as documentation of identity new text end .

Sec. 6.

Minnesota Statutes 2010, section 256J.32, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin Driver's license and Minnesota identification card verification.
new text end

new text begin When the county agency verifies a driver's license or Minnesota identification card under
subdivision 4, clause (23), the agency shall search the Department of Public Safety's
license and identification databases of both current and canceled cards to determine if the
proffered card is valid and belongs to the applicant.
new text end