HF 28

as introduced - 90th Legislature (2017 - 2018) Posted on 01/13/2017 09:55am

A bill for an act
relating to human services; requiring screening for use of controlled substances
in the MFIP and general assistance programs; making certain individuals ineligible
for MFIP and general assistance benefits; providing for rulemaking; amending
Minnesota Statutes 2016, sections 256D.024, by adding a subdivision; 256D.05,
subdivision 1; 256J.26, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapters 256D; 256J.

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

Section 1.

Minnesota Statutes 2016, section 256D.024, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Person with two or more DWI convictions. new text end

new text begin An applicant or recipient who
has two or more driving while impaired (DWI) convictions within a period of five years
shall, after an administrative hearing under section 256D.10, be ineligible for general
assistance benefits for a period of three years from the date of the administrative hearing
decision affirming the applicant's or recipient's ineligibility. For purposes of this subdivision,
"DWI" means a conviction under section 169A.20 or a similar conviction in another
jurisdiction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for a new applicant submitting an
application on or after July 1, 2017, and for a current recipient at the time of the recipient's
next eligibility recertification on or after July 1, 2017.
new text end

Sec. 2.

new text begin [256D.025] TESTING FOR USE OF CONTROLLED SUBSTANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Screening and testing required. new text end

new text begin The department shall screen and test
each general assistance applicant or recipient under this chapter who the department has
reasonable suspicion to believe, based on screening, engages in illegal use of a controlled
substance as defined in section 152.02. Screening and testing is not required for an applicant
or recipient who meets the eligibility requirements under section 256D.05, subdivision 1,
paragraph (a), clause (14), due to the applicant's or recipient's illegal use of controlled
substances.
new text end

new text begin Subd. 2. new text end

new text begin Reasonable suspicion. new text end

new text begin (a) Reasonable suspicion of illegal use of controlled
substances is established when two or more of the following occur:
new text end

new text begin (1) the applicant or recipient has an arrest record;
new text end

new text begin (2) a local welfare agency accepts a report for investigation or family assessment under
section 626.556 alleging abuse or neglect due to substance abuse by the applicant or recipient;
and
new text end

new text begin (3) the department witnesses a behavior indicating illegal use of controlled substances,
including but not limited to:
new text end

new text begin (i) dilated pupils;
new text end

new text begin (ii) involuntary eye movements;
new text end

new text begin (iii) nausea or vomiting;
new text end

new text begin (iv) twitching;
new text end

new text begin (v) violent behavior;
new text end

new text begin (vi) odor of alcohol;
new text end

new text begin (vii) lack of muscular coordination;
new text end

new text begin (viii) inability to verbalize;
new text end

new text begin (ix) slurred speech;
new text end

new text begin (x) bizarre behavior;
new text end

new text begin (xi) needle marks;
new text end

new text begin (xii) possession of drug paraphernalia; or
new text end

new text begin (xiii) possession of a substance that appears to possibly be a controlled substance or
alcohol.
new text end

new text begin (b) Reasonable suspicion of illegal use of controlled substances is also established if the
department witnesses any two or more of the behaviors in paragraph (a), clause (3).
new text end

new text begin Subd. 3. new text end

new text begin Reports of arrests. new text end

new text begin Local law enforcement shall provide to the appropriate
county social services agency once per month a list of all arrests that occurred during the
previous reporting period. The agency shall use the lists provided by local law enforcement
to determine whether or not any applicant or recipient of general assistance has an arrest
record for purposes of subdivision 2 and shall transmit this information to the department
at a time and in a manner established by the department.
new text end

new text begin Subd. 4. new text end

new text begin Payment for drug test. new text end

new text begin The applicant or recipient must pay for the drug test.
The department must reimburse an applicant or recipient for the cost of the drug test when
the applicant or recipient provides the department with proof of a negative test for controlled
substances.
new text end

new text begin Subd. 5. new text end

new text begin Referral to treatment program. new text end

new text begin The department shall refer an applicant or
recipient who tested positive under this section for a controlled substance, which is not
prescribed for the applicant or recipient by a licensed health care provider, to an appropriate
substance abuse treatment program approved by the department. Referral to a substance
abuse treatment program does not obligate the state to pay for the treatment.
new text end

new text begin Subd. 6. new text end

new text begin Ineligibility for benefits. new text end

new text begin Any applicant or recipient who tests positive for a
controlled substance and who refuses to participate in a substance abuse treatment program
shall, after an administrative hearing under section 256D.10, be ineligible for general
assistance for a period of three years from the date of the administrative hearing decision
affirming the applicant's or recipient's ineligibility.
new text end

new text begin Subd. 7. new text end

new text begin Rulemaking. new text end

new text begin The commissioner shall adopt rules to develop the screening and
testing procedures under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for a new applicant submitting an
application on or after July 1, 2017, and for a current recipient at the time of the recipient's
next eligibility recertification on or after July 1, 2017.
new text end

Sec. 3.

Minnesota Statutes 2016, section 256D.05, subdivision 1, is amended to read:

Subdivision 1.

Eligibility.

(a) Each assistance unit with income and resources less than
the standard of assistance established by the commissioner and with a member who is a
resident of the state shall be eligible for and entitled to general assistance if the assistance
unit is:

(1) a person who is suffering from a professionally certified permanent or temporary
illness, injury, or incapacity which is expected to continue for more than 45 days and which
prevents the person from obtaining or retaining employment;

(2) a person whose presence in the home on a substantially continuous basis is required
because of the professionally certified illness, injury, incapacity, or the age of another
member of the household;

(3) a person who has been placed in, and is residing in, a licensed or certified facility
for purposes of physical or mental health or rehabilitation, or in an approved chemical
dependency domiciliary facility, if the placement is based on illness or incapacity and is
according to a plan developed or approved by the county agency through its director or
designated representative;

(4) a person who resides in a shelter facility described in subdivision 3;

(5) a person not described in clause (1) or (3) who is diagnosed by a licensed physician,
psychological practitioner, or other qualified professional, as developmentally disabled or
mentally ill, and that condition prevents the person from obtaining or retaining employment;

(6) a person who has an application pending for, or is appealing termination of benefits
from, the Social Security disability program or the program of Supplemental Security Income
for the aged, blind, and disabled, provided the person has a professionally certified permanent
or temporary illness, injury, or incapacity which is expected to continue for more than 30
days and which prevents the person from obtaining or retaining employment;

(7) a person who is unable to obtain or retain employment because advanced age
significantly affects the person's ability to seek or engage in substantial work;

(8) a person who has been assessed by a vocational specialist and, in consultation with
the county agency, has been determined to be unemployable for purposes of this clause; a
person is considered employable if there exist positions of employment in the local labor
market, regardless of the current availability of openings for those positions, that the person
is capable of performing. The person's eligibility under this category must be reassessed at
least annually. The county agency must provide notice to the person not later than 30 days
before annual eligibility under this item ends, informing the person of the date annual
eligibility will end and the need for vocational assessment if the person wishes to continue
eligibility under this clause. For purposes of establishing eligibility under this clause, it is
the applicant's or recipient's duty to obtain any needed vocational assessment;

(9) a person who is determined by the county agency, according to permanent rules
adopted by the commissioner, to have a condition that qualifies under Minnesota's special
education rules as a specific learning disability, provided that a rehabilitation plan for the
person is developed or approved by the county agency, and the person is following the plan;

(10) a child under the age of 18 who is not living with a parent, stepparent, or legal
custodian, and only if: the child is legally emancipated or living with an adult with the
consent of an agency acting as a legal custodian; the child is at least 16 years of age and the
general assistance grant is approved by the director of the county agency or a designated
representative as a component of a social services case plan for the child; or the child is
living with an adult with the consent of the child's legal custodian and the county agency.
For purposes of this clause, "legally emancipated" means a person under the age of 18 years
who: (i) has been married; (ii) is on active duty in the uniformed services of the United
States; (iii) has been emancipated by a court of competent jurisdiction; or (iv) is otherwise
considered emancipated under Minnesota law, and for whom county social services has not
determined that a social services case plan is necessary, for reasons other than the child has
failed or refuses to cooperate with the county agency in developing the plan;

(11) a person who is eligible for displaced homemaker services, programs, or assistance
under section 116L.96, but only if that person is enrolled as a full-time student;

(12) a person who is involved with protective or court-ordered services that prevent the
applicant or recipient from working at least four hours per day;

(13) a person over age 18 whose primary language is not English and who is attending
high school at least half time; or

(14) a person whose alcohol and drug addiction is a material factor that contributes to
the person's disability; applicants who assert this clause as a basis for eligibility must be
assessed by the county agency to determine if they are amenable to treatment; if the applicant
new text begin has alcohol addiction and new text end is determined to be not amenable to treatment, but is otherwise
eligible for benefits, then general assistance must be paid in vendor form, for the individual's
shelter costs up to the limit of the grant amount, with the residual, if any, paid according to
section 256D.09, subdivision 2a; if the applicant new text begin has alcohol or drug addiction and new text end is
determined to be amenable to treatment, then in order to receive benefits, the applicant must
be in a treatment program or on a waiting list and the benefits must be paid in vendor form,
for the individual's shelter costs, up to the limit of the grant amount, with the residual, if
any, paid according to section 256D.09, subdivision 2a. new text begin An applicant who has drug addiction
and is determined to be not amenable to treatment shall be ineligible for benefits.
new text end

(b) As a condition of eligibility under paragraph (a), clauses (1), (3), (5), (8), and (9),
the recipient must complete an interim assistance agreement and must apply for other
maintenance benefits as specified in section 256D.06, subdivision 5, and must comply with
efforts to determine the recipient's eligibility for those other maintenance benefits.

(c) The burden of providing documentation for a county agency to use to verify eligibility
for general assistance or for exemption from the food stamp employment and training
program is upon the applicant or recipient. The county agency shall use documents already
in its possession to verify eligibility, and shall help the applicant or recipient obtain other
existing verification necessary to determine eligibility which the applicant or recipient does
not have and is unable to obtain.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for a new applicant submitting an
application on or after July 1, 2017, and for a current recipient at the time of the recipient's
next eligibility recertification on or after July 1, 2017.
new text end

Sec. 4.

Minnesota Statutes 2016, section 256J.26, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Person with two or more DWI convictions. new text end

new text begin An individual who has two or
more driving while impaired (DWI) convictions within a period of five years shall, after a
fair hearing under section 256J.40, be ineligible for MFIP for a period of three years from
the date of the fair hearing decision affirming the individual's ineligibility. For the purposes
of this subdivision, "DWI" means a conviction under section 169A.20 or a similar conviction
in another jurisdiction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for a new applicant submitting an
application on or after July 1, 2017, and for a current recipient at the time of the recipient's
next eligibility recertification on or after July 1, 2017.
new text end

Sec. 5.

new text begin [256J.261] TESTING FOR USE OF CONTROLLED SUBSTANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Screening and testing required. new text end

new text begin The department shall screen and test
each MFIP applicant or recipient under this chapter who the department has reasonable
suspicion to believe, based on screening, engages in illegal use of a controlled substance as
defined in section 152.02.
new text end

new text begin Subd. 2. new text end

new text begin Reasonable suspicion. new text end

new text begin (a) Reasonable suspicion of illegal use of controlled
substances is established when two or more of the following occur:
new text end

new text begin (1) the applicant or recipient has an arrest record;
new text end

new text begin (2) a local welfare agency accepts a report for investigation or family assessment under
section 626.556 alleging abuse or neglect due to substance abuse by the applicant or recipient;
and
new text end

new text begin (3) the department witnesses a behavior indicating illegal use of controlled substances,
including but not limited to:
new text end

new text begin (i) dilated pupils;
new text end

new text begin (ii) involuntary eye movements;
new text end

new text begin (iii) nausea or vomiting;
new text end

new text begin (iv) twitching;
new text end

new text begin (v) violent behavior;
new text end

new text begin (vi) odor of alcohol;
new text end

new text begin (vii) lack of muscular coordination;
new text end

new text begin (viii) inability to verbalize;
new text end

new text begin (ix) slurred speech;
new text end

new text begin (x) bizarre behavior;
new text end

new text begin (xi) needle marks;
new text end

new text begin (xii) possession of drug paraphernalia; or
new text end

new text begin (xiii) possession of a substance that appears to possibly be a controlled substance or
alcohol.
new text end

new text begin (b) Reasonable suspicion of illegal use of controlled substances is also established if the
department witnesses any two or more of the behaviors in paragraph (a), clause (3).
new text end

new text begin Subd. 3. new text end

new text begin Reports of arrests. new text end

new text begin Local law enforcement shall provide to the appropriate
county social services agency once per month a list of all arrests that occurred during the
previous reporting period. The agency shall use the lists provided by local law enforcement
to determine whether or not any applicant or recipient of MFIP has an arrest record for
purposes of subdivision 2 and shall transmit this information to the department at a time
and in a manner established by the department.
new text end

new text begin Subd. 4. new text end

new text begin Payment for drug test. new text end

new text begin The applicant or recipient must pay for the drug test.
The department must reimburse applicants and recipients for the cost of the drug test when
the applicant or recipient provides the department with proof of a negative test for controlled
substances.
new text end

new text begin Subd. 5. new text end

new text begin Referral to treatment program. new text end

new text begin The department shall refer an applicant or
recipient who tested positive under this section for a controlled substance, which is not
prescribed for the applicant or recipient by a licensed health care provider, to an appropriate
substance abuse treatment program approved by the department. Referral to a substance
abuse treatment program does not obligate the state to pay for the treatment.
new text end

new text begin Subd. 6. new text end

new text begin Ineligibility for benefits. new text end

new text begin Any applicant or recipient who tests positive for a
controlled substance and who refuses to participate in a substance abuse treatment program
shall, after a fair hearing under section 256J.40, be ineligible for MFIP for a period of three
years from the date of the fair hearing decision affirming the applicant's or recipient's
ineligibility.
new text end

new text begin Subd. 7. new text end

new text begin Continued assistance for minor children. new text end

new text begin Minor children in an assistance
unit in which a caregiver has been determined to be ineligible for MFIP under this section
continue to be eligible for MFIP assistance, but the assistance payment must be received
by a protective payee.
new text end

new text begin Subd. 8. new text end

new text begin Rulemaking. new text end

new text begin The commissioner shall adopt rules to develop the screening and
testing procedures under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for a new applicant submitting an
application on or after July 1, 2017, and for a current recipient at the time of the recipient's
next eligibility recertification on or after July 1, 2017.
new text end