HF 2250

as introduced - 87th Legislature (2011 - 2012) Posted on 02/15/2012 01:46pm

A bill for an act
relating to human services; modifying residency requirements; amending
Minnesota Statutes 2010, sections 256D.02, subdivision 12a; 256J.12,
subdivisions 1a, 2.

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

Section 1.

Minnesota Statutes 2010, section 256D.02, subdivision 12a, is amended to
read:

Subd. 12a.

Resident.

(a) For purposes of eligibility for general assistance deleted text begin and
general assistance medical care deleted text end , 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 60 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 60-day new text end residency
requirement. All applicants for deleted text begin these programs deleted text end new text begin this program new text end 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) deleted text begin For general assistance medical care, a county agency shall waive the 30-day
residency requirement in cases of medical emergencies. deleted text end For general assistance, a county
shall waive the deleted text begin 30-day deleted text end new text begin 60-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 and, until March 31, 1998, their
immediate families 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 60-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. 2.

Minnesota Statutes 2010, section 256J.12, subdivision 1a, is amended to read:

Subd. 1a.

deleted text begin 30-day deleted text end new text begin 60-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 60 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 60-day new text end residency requirement.

Sec. 3.

Minnesota Statutes 2010, 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 60-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 deleted text end new text begin 60-day new text end residence 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 60 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.