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HF 2481

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:19pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/29/2016

Current Version - as introduced

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A bill for an act
relating to state government finance; modifying certain human services funding;
creating a general assistance account; requiring general assistance to be funded
from the general assistance account; establishing a general assistance tax
checkoff; amending Minnesota Statutes 2014, sections 256D.03, subdivisions
2, 2a; 270C.445, by adding a subdivision; 289A.08, subdivision 13; Minnesota
Statutes 2015 Supplement, section 256D.01, subdivision 1a; proposing coding
for new law in Minnesota Statutes, chapters 16A; 290; repealing Minnesota
Statutes 2014, section 256D.23.

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

Section 1.

new text begin [16A.533] GENERAL ASSISTANCE ACCOUNT.
new text end

new text begin There is created in the special revenue fund a general assistance account. All money
collected from the general assistance checkoff under section 290.433 shall be deposited
in the account. Appropriations from the account are governed by section 256D.03,
subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2015 Supplement, section 256D.01, subdivision 1a, is
amended to read:


Subd. 1a.

Standards.

(a) A principal objective in providing general assistance is
to provide for single adults, childless couples, or children as defined in section 256D.02,
subdivision 6
, ineligible for federal programs who are unable to provide for themselves.
The deleted text begin minimum standard of assistance determines thedeleted text end total amount of the general assistance
grant deleted text begin without separate standards for shelter, utilities, or other needsdeleted text end new text begin is determined under
section 256D.03, subdivision 2
new text end .

(b) The commissioner shall set the standard of assistancenew text begin , taking into account the
total amount of general assistance determined under section 256D.03, subdivision 2,
new text end for
an assistance unit consisting ofnew text begin : (1)new text end an adult recipient who is childless and unmarried or
living apart from children and spouse and who does not live with a parent or parents or a
legal custodiannew text begin ; (2) a single adult who lives with a parent or parents; and (3) a childless
couple
new text end . deleted text begin When the other standards specified in this subdivision increase, this standard must
also be increased by the same percentage.
deleted text end

(c) For an assistance unit consisting of a single adult who lives with a parent or
parents, deleted text begin the general assistance standard of assistance is the amount that the aid to families
with dependent children standard of assistance, in effect on July 16, 1996, would increase
if the recipient were added as an additional minor child to an assistance unit consisting of
the recipient's parent and all of that parent's family members, except that the standard may
not exceed the standard for a general assistance recipient living alone.
deleted text end benefits received
by a responsible relative of the assistance unit under the Supplemental Security Income
program, a workers' compensation program, the Minnesota supplemental aid program, or
any other program based on the responsible relative's disability, and any benefits received
by a responsible relative of the assistance unit under the Social Security retirement program,
may not be counted in the determination of eligibility or benefit level for the assistance
unit. Except as provided below, the assistance unit is ineligible for general assistance if the
available resources or the countable income of the assistance unit and the parent or parents
with whom the assistance unit lives are such that a family consisting of the assistance
unit's parent or parents, the parent or parents' other family members and the assistance unit
as the only or additional minor child would be financially ineligible for general assistance.
For the purposes of calculating the countable income of the assistance unit's parent or
parents, the calculation methods must follow the provisions under section 256P.06.

deleted text begin (d) For an assistance unit consisting of a childless couple, the standards of assistance
are the same as the first and second adult standards of the aid to families with dependent
children program in effect on July 16, 1996. If one member of the couple is not included
in the general assistance grant, the standard of assistance for the other is the second adult
standard of the aid to families with dependent children program as of July 16, 1996.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2018.
new text end

Sec. 3.

Minnesota Statutes 2014, section 256D.03, subdivision 2, is amended to read:


Subd. 2.

deleted text begin Assistance standardsdeleted text end new text begin General assistance aid; appropriation; limit on
using funds from state sources for general assistance aid
new text end .

new text begin Notwithstanding any law
to the contrary,
new text end state aidnew text begin for general assistancenew text end shall be deleted text begin paid for all general assistance
and grants up to the standards of section 256D.01, subdivision 1a, and according to
procedures established by the commissioner, except as provided for under section 256.017.
deleted text end new text begin appropriated solely from money deposited in the general assistance account established
under section 16A.533. Funding for general assistance shall not be appropriated from the
general fund or any other fund or account in the state treasury.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2018.
new text end

Sec. 4.

Minnesota Statutes 2014, section 256D.03, subdivision 2a, is amended to read:


Subd. 2a.

County agency options.

Any county agency may, from its own resources,
make payments of general assistance: (a) at a standard higher than that established new text begin and
in addition to the amount appropriated
new text end by the commissioner deleted text begin without reference to the
standards of section 256D.01, subdivision 1
deleted text end new text begin under subdivision 2new text end ; or (b) to persons not
meeting the eligibility standards set forth in section 256D.05, subdivision 1, but for whom
the aid would further the purposes established in the general assistance program according
to rules adopted by the commissioner according to the Administrative Procedure Act. The
Minnesota Department of Human Services may maintain client records and issue these
payments, providing the cost of benefits is paid by the counties to the Department of
Human Services according to section 256.01.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2018.
new text end

Sec. 5.

Minnesota Statutes 2014, section 270C.445, is amended by adding a
subdivision to read:


new text begin Subd. 5c. new text end

new text begin General assistance checkoff. new text end

new text begin A tax preparer must give written notice of
the option to contribute to the account established to fund general assistance, as provided
in section 290.433, to corporate clients that file an income tax return and to individual
clients who file an income tax return or property tax refund claim form. This notification
must be included with information sent to the client at the same time as the preliminary
worksheets or other documents used in preparing the client's return and must include a
line for displaying contributions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2015.
new text end

Sec. 6.

Minnesota Statutes 2014, section 289A.08, subdivision 13, is amended to read:


Subd. 13.

Long and short forms; local use tax instructions.

The commissioner
shall provide a long form individual income tax return and may provide a short form
individual income tax return. The returns shall be in a form that is consistent with the
provisions of chapter 290, notwithstanding any other law to the contrary. The nongame
wildlife checkoff provided in section 290.431new text begin , the general assistance checkoff provided
in section 290.433,
new text end and the dependent care credit provided in section 290.067 must be
included on the short form. The commissioner must provide information on local use taxes
in the individual income tax instruction booklet. The commissioner must provide this
information in the same section of the booklet that provides information on the state use tax.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2015.
new text end

Sec. 7.

new text begin [290.433] GENERAL ASSISTANCE CHECKOFF.
new text end

new text begin Subdivision 1. new text end

new text begin Checkoff established. new text end

new text begin An individual who files an income tax return
or property tax refund claim form, or a corporation that files an income tax return, may
designate on the filer's original return that $1 or more shall be added to the tax or deducted
from the refund that would otherwise be payable by or to that individual or corporation
and paid into an account established to fund general assistance under sections 256D.01 to
256D.21. The commissioner of revenue shall, on the income tax return and the property
tax refund claim form, notify filers of their right to designate that a portion of their tax or
refund shall be paid into the account to fund general assistance. The sum of the amounts
so designated to be paid shall be credited to the account established according to section
16A.533 for use by the commissioner of human services according to section 256D.03,
subdivision 2. All interest earned on money accrued, contributions to the account, and
reimbursement of expenditures must be credited to the account by the commissioner of
management and budget. The amounts contributed to the account do not lapse or cancel
each year, but remain until used by the commissioner of human services under section
256D.03, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Uses of funds in the account. new text end

new text begin The state pledges and agrees with all
contributors under this section to the account established according to section 16A.533 to
use the funds contributed solely to fund general assistance aid under section 256D.03,
subdivision 2, and further agrees that it will not impose additional conditions or
restrictions that will limit or otherwise restrict the ability of the commissioner of human
services to use the available funds for the provision of general assistance in the most
efficient and effective manner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2015.
new text end

Sec. 8. new text begin CONFORMING LEGISLATION.
new text end

new text begin No later than January 15, 2017, the commissioner of human services shall submit
legislation in bill form containing any statutory changes needed to implement sections 1 to
5, necessary conforming changes, and changes to cross-references. The legislation must
be submitted to the chairs and ranking minority members of the legislative committees
with jurisdiction over human services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 256D.23, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2018.
new text end