HF 3002

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying provisions for general assistance and
MFIP programs; requiring assistance transaction card fees; amending Minnesota
Statutes 2004, sections 256.9862, subdivision 2; 256D.06, by adding a
subdivision; 256J.12, subdivision 1, by adding a subdivision; 256J.39, by adding
a subdivision; 256J.95, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2004, section 256.9862, subdivision 2, is amended to
read:

Subd. 2.

Transaction fee.

The commissioner deleted text begin may deleted text end new text begin must new text end charge transaction fees
in accordance with this subdivision deleted text begin up to a maximum of $10 in transaction fees per
cardholder per month deleted text end new text begin to cardholders new text end . deleted text begin In a given month, the first four cash withdrawals
made by an individual cardholder are free. For subsequent cash withdrawals, $1 may
be charged. No transaction fee can be charged if the card is used to purchase goods
or services on a point of sale basis. deleted text end A transaction fee subsequently set by the federal
government may supersede a fee established under this subdivision. The fees shall be
appropriated to the commissioner and used for electronic benefit purposes.

Sec. 2.

Minnesota Statutes 2004, section 256D.06, is amended by adding a subdivision
to read:

new text begin Subd. 1d. new text end

new text begin Standard of assistance. new text end

new text begin (a) For a general assistance applicant who has
resided in the state for less than 90 days and who lives independently in the community,
the standard of assistance shall be 60 percent of the full standard. The full standard of
assistance shall be available beginning the first day of either the month that the 90 days'
residency is completed if the 90th day occurs on or before the 15th of the month or the
following month if the 90th day occurs on the 16th of the month or after. The 30-day
residence period in section 256D.02, subdivision 12a, shall count toward the 90-day
payment standard.
new text end

new text begin (b) Applicants who meet the requirements of section 256D.05, subdivision 1,
paragraph (a), clauses (1) to (7) and (9) to (11) and veterans as defined in section 197.447,
are not required to meet the 90-day residency requirement established under paragraph (a)
and are eligible for full general assistance benefits under this section after meeting the
residency requirement under section 256D.02, subdivision 12a.
new text end

Sec. 3.

Minnesota Statutes 2004, section 256J.12, subdivision 1, is amended to read:

Subdivision 1.

Simple residency.

To be eligible for MFIP new text begin or DWP new text end , an assistance
unit must have established residency in this state which means the assistance unit is
present in the state and intends to remain here. A person who lives in this state and who
entered this state with a job commitment or to seek employment in this state, whether or
not that person is currently employed, meets the criteria in this subdivision.

Sec. 4.

Minnesota Statutes 2004, section 256J.12, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Residency requirement for DWP applicants. new text end

new text begin Assistance to an eligible
DWP family unit in which all members have resided in this state for fewer than 90
consecutive days shall be paid at the standard specified in section 256J.95, subdivision 21.
The 30-day residence period shall count toward the 90-day DWP residence requirement.
new text end

Sec. 5.

Minnesota Statutes 2004, section 256J.39, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Prohibited purchases. new text end

new text begin MFIP recipients are prohibited from using MFIP
monthly cash assistance payments issued in the form of an electronic benefits transfer
to purchase tobacco products or alcohol.
new text end

Sec. 6.

Minnesota Statutes 2004, section 256J.95, is amended by adding a subdivision
to read:

new text begin Subd. 21. new text end

new text begin Interstate payment standards. new text end

new text begin (a) Effective July 1, 2006, the amount of
assistance paid to an eligible DWP family unit in which all members have resided in this
state for fewer than 90 consecutive days shall be calculated according to paragraph (b).
new text end

new text begin (b) Payment must be calculated by applying DWP budgeting policies, and the unit's
net income must be deducted from the payment standard in the state of immediate prior
residence or Minnesota, whichever is less. Payments shall be vendor paid according
to subdivision 1, paragraph (d).
new text end

new text begin (c) The lesser payment must continue until the DWP family unit meets the 90-day
residency requirement. A family unit that has not resided in Minnesota for 90 days is
not exempt from the payment provisions solely because a child is born in Minnesota
to a member of the family unit.
new text end

new text begin (d) Any eligible noncitizen who comes directly to Minnesota from another country,
and whose United States Citizenship and Immigration Services (USCIS) settlement
destination is Minnesota, will receive the amount calculated using DWP policy and
standards. If the USCIS settlement destination is another state, apply the lesser of the
payment standard for that size family in the state of immediate prior residence or the
standards under DWP.
new text end

new text begin (e) The assistance unit shall be eligible for the full amount of assistance based
on DWP standards beginning either the month during which the 90-day residency
requirement is met, if the 90th day occurs on or before the 15th of the month, or the
following month if the 90th day occurs on the 16th of the month or after.
new text end

new text begin (f) This policy applies whether or not the family unit received similar benefits while
residing in the state of immediate prior residence.
new text end

new text begin (g) For the purposes of this section, "state of immediate prior residence" means the
state in which the applicant declares the applicant spent the most time in the 30 days prior
to moving to Minnesota.
new text end

new text begin (h) Applicants must provide verification of their state of immediate prior residence,
in the form of tax statements, a driver's license, automobile registration, rent receipts, or
other forms of verification approved by the commissioner.
new text end

Sec. 7.

Minnesota Statutes 2004, section 256J.95, is amended by adding a subdivision
to read:

new text begin Subd. 22. new text end

new text begin Temporary absence from Minnesota. new text end

new text begin For an assistance unit that has
met the 30-day residency requirements in section 256J.12, subdivisions 1 to 4, the 90-day
period in subdivision 21 is not affected by a subsequent absence from Minnesota for fewer
than 30 consecutive days, provided the family unit maintains a residence in Minnesota.
new text end

Sec. 8.

Minnesota Statutes 2004, section 256J.95, is amended by adding a subdivision
to read:

new text begin Subd. 23. new text end

new text begin Ineligible mandatory unit members. new text end

new text begin The 90-day residency requirement
in subdivision 21 does not apply if the family unit includes an ineligible mandatory family
unit member who has resided in Minnesota for 90 consecutive days immediately before
the unit's date of application.
new text end

Sec. 9. new text begin MFIP PRODUCT-SPECIFIC EBT CARD.
new text end

new text begin The commissioner of human services shall develop a product-specific electronic
benefits transfer card for MFIP recipients by January 1, 2008.
new text end