HF 921

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to general assistance and general assistance 
  1.3             medical care; excluding chemically dependent persons, 
  1.4             fugitives, parole violators, and persons with a 
  1.5             history of felony drug convictions from these 
  1.6             programs; amending Minnesota Statutes 1996, sections 
  1.7             256D.05, by adding subdivisions; and 256D.09, 
  1.8             subdivision 2a. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 256D.05, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 9.  [DENIAL OF ASSISTANCE TO CHEMICALLY DEPENDENT 
  1.13  PERSONS.] Notwithstanding subdivision 1, a person whose drug and 
  1.14  alcohol dependency is a present and material contributing factor 
  1.15  to the person's disability shall be ineligible to receive 
  1.16  benefits under sections 256D.01 to 256D.21, unless the person is 
  1.17  enrolled in a licensed chemical dependency treatment program. 
  1.18     Sec. 2.  Minnesota Statutes 1996, section 256D.05, is 
  1.19  amended by adding a subdivision to read: 
  1.20     Subd. 10.  [DENIAL OF ASSISTANCE TO PERSONS FOUND TO HAVE 
  1.21  MISREPRESENTED RESIDENCY TO OBTAIN ASSISTANCE IN TWO OR MORE 
  1.22  STATES.] No assistance shall be provided under sections 256D.01 
  1.23  to 256D.21 to a person convicted in any state or federal court 
  1.24  of having made a fraudulent statement or representation with 
  1.25  respect to place of residence in order to receive public 
  1.26  assistance in two or more states at the same time. 
  1.27     Sec. 3.  Minnesota Statutes 1996, section 256D.05, is 
  2.1   amended by adding a subdivision to read: 
  2.2      Subd. 11.  [DENIAL OF ASSISTANCE FOR FUGITIVE FELONS AND 
  2.3   PROBATION AND PAROLE VIOLATORS.] No assistance shall be provided 
  2.4   under sections 256D.01 to 256D.21 to any individual who: 
  2.5      (1) flees to avoid prosecution, or custody or confinement 
  2.6   after conviction, under the laws of the state from which the 
  2.7   individual flees, for a crime, or an attempt to commit a crime, 
  2.8   which is a felony under the laws of the state from which the 
  2.9   individual flees, or which, in the case of the state of New 
  2.10  Jersey, is a high misdemeanor under the laws of that state; or 
  2.11     (2) violates a condition of probation or parole imposed 
  2.12  under federal or state law. 
  2.13     Sec. 4.  Minnesota Statutes 1996, section 256D.05, is 
  2.14  amended by adding a subdivision to read: 
  2.15     Subd. 12.  [DENIAL OF ASSISTANCE TO PERSONS WITH A PRIOR 
  2.16  HISTORY OF FELONY DRUG CONVICTION.] No assistance shall be 
  2.17  provided under sections 256D.01 to 256D.21 to an individual 
  2.18  convicted, under federal or state law, of any offense which is 
  2.19  classified as a felony by the law of the jurisdiction involved 
  2.20  and which has as an element the possession, use, or distribution 
  2.21  of a controlled substance, as defined in section 102(6) of the 
  2.22  Controlled Substances Act, United States Code, title 21, section 
  2.23  802(6). 
  2.24     Sec. 5.  Minnesota Statutes 1996, section 256D.09, 
  2.25  subdivision 2a, is amended to read: 
  2.26     Subd. 2a.  [VENDOR PAYMENTS FOR DRUG DEPENDENT PERSONS.] 
  2.27  If, at the time of application or at any other time, there is a 
  2.28  reasonable basis for questioning whether a person applying for 
  2.29  or receiving financial assistance is drug dependent, as defined 
  2.30  in section 254A.02, subdivision 5, the person shall be referred 
  2.31  for a chemical health assessment, and only emergency assistance 
  2.32  payments or general assistance vendor payments may be provided 
  2.33  until the assessment is complete and the results of the 
  2.34  assessment made available to the county agency.  A reasonable 
  2.35  basis for referring an individual for an assessment exists when: 
  2.36     (1) the person has required detoxification two or more 
  3.1   times in the past 12 months; 
  3.2      (2) the person appears intoxicated at the county agency as 
  3.3   indicated by two or more of the following: 
  3.4      (i) the odor of alcohol; 
  3.5      (ii) slurred speech; 
  3.6      (iii) disconjugate gaze; 
  3.7      (iv) impaired balance; 
  3.8      (v) difficulty remaining awake; 
  3.9      (vi) consumption of alcohol; 
  3.10     (vii) responding to sights or sounds that are not actually 
  3.11  present; 
  3.12     (viii) extreme restlessness, fast speech, or unusual 
  3.13  belligerence; 
  3.14     (3) the person has been involuntarily committed for drug 
  3.15  dependency at least once in the past 12 months; or 
  3.16     (4) the person has received treatment, including 
  3.17  domiciliary care, for drug abuse or dependency at least twice in 
  3.18  the past 12 months.  
  3.19     The assessment and determination of drug dependency, if 
  3.20  any, must be made by an assessor qualified under Minnesota 
  3.21  Rules, part 9530.6615, subpart 2, to perform an assessment of 
  3.22  chemical use.  The county shall only provide emergency general 
  3.23  assistance or vendor payments to an otherwise eligible applicant 
  3.24  or recipient who is determined to be drug dependent, except but 
  3.25  only if the individual is enrolled in a licensed chemical 
  3.26  dependency treatment program.  Up to 15 percent of the grant 
  3.27  amount the person would otherwise receive may be paid in 
  3.28  cash.  Notwithstanding subdivision 1, the commissioner of human 
  3.29  services shall also require county agencies to provide 
  3.30  assistance only in the form of vendor payments to all eligible 
  3.31  recipients who assert chemical dependency as a basis for 
  3.32  eligibility under section 256D.05, subdivision 1, paragraph (a), 
  3.33  clauses (1) and (6). 
  3.34     The determination of drug dependency shall be reviewed at 
  3.35  least every 12 months.  If the county determines a recipient is 
  3.36  no longer drug dependent, the county may cease vendor payments 
  4.1   and provide the recipient payments in cash.