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HF 171

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/17/2011 03:08pm

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A bill for an act
relating to human services; modifying MFIP electronic benefit transfers;
requiring photo identification; changing residency requirements for general
assistance, general assistance medical care, and MFIP;amending Minnesota
Statutes 2010, sections 256D.02, subdivision 12a; 256J.12, subdivisions 1a, 2;
proposing coding for new law in Minnesota Statutes, chapter 256; repealing
Minnesota Statutes 2010, section 256.9862, subdivision 2.

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

Section 1.

[256.9870] ELECTRONIC BENEFIT TRANSFER DEBIT CARD.

Subdivision 1.

Electronic benefit transfer or EBT debit card.

(a) Electronic
benefit transfer (EBT) debit cardholders in the general assistance program and the
Minnesota supplemental aid program under chapter 256D and programs under chapter
256J are prohibited from withdrawing cash from an automatic teller machine or receiving
cash from vendors with the EBT debit card. The EBT debit card may only be used as a
debit card.

(b) Beginning July 1, 2011, cash benefits for programs listed under paragraph (a)
must be issued on a separate EBT card with the head of household's name printed on the
card. The card must also state that "It is unlawful to use this card to purchase tobacco
products or alcoholic beverages." This card must be issued within 30 calendar days of
an eligibility determination. During the initial 30 calendar days of eligibility, a recipient
may have cash benefits issued on an EBT card without the recipient's name printed on the
card. This card may be the same card on which food support is issued and does not need
to meet the requirements of this section.

(c) Notwithstanding paragraph (a), EBT cardholders may opt to have up to $20
per month accessible via automatic teller machine or receive up to $20 cash back from
a vendor.

Subd. 2.

Photo identification.

Retailers at a point-of-sale may request a photo
identification card when an EBT card is presented for payment. It is unlawful for an EBT
cardholder to allow another person to use the cardholder's card.

Subd. 3.

Prohibited purchases.

EBT debit cardholders in programs under
subdivision 1 are prohibited from using the EBT debit card to purchase tobacco products
and alcoholic beverages, as defined in section 340A.101, subdivision 2. It is unlawful for
an EBT cardholder to purchase or attempt to purchase tobacco products or alcoholic
beverages with the cardholder's EBT card.

Subd. 4.

EBT use restricted to Minnesota vendors.

EBT debit cardholders in
programs under subdivision 1 are prohibited from using the EBT debit card at vendors
located outside of Minnesota. This subdivision does not apply to the food portion.

Subd. 5.

Fraud reports.

Retailers who report to the commissioner substantiated
incidents of EBT card fraud shall receive five percent of any recovered funds.

Sec. 2.

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


Subd. 12a.

Resident.

(a) For purposes of eligibility for general assistance and
general assistance medical care, a person must be a resident of this state.

(b) A "resident" is a person living in the state for at least 30 90 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 30-day 90-day
residency requirement. All applicants for these programs 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) For general assistance medical care, a county agency shall waive the 30-day
90-day residency requirement in cases of medical emergencies. For general assistance,
a county shall waive the 30-day 90-day 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 30-day 90-day
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. 3.

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


Subd. 1a.

30-day 90-day 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 30 90 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 30-day 90-day residency requirement.

Sec. 4.

Minnesota Statutes 2010, section 256J.12, subdivision 2, is amended to read:


Subd. 2.

Exceptions.

(a) A county shall waive the 30-day 90-day 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 30-day 90-day 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 30 90 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.

Sec. 5. REQUIREMENT FOR LIQUOR STORES, TOBACCO STORES,
GAMBLING ESTABLISHMENTS, AND TATTOO PARLORS.

Liquor stores, tobacco stores, gambling establishments, and tattoo parlors must
negotiate with their third-party processors to block EBT cash transactions at their places
of business and withdrawals of cash at automatic teller machines located in their places of
business.

Sec. 6. MINNESOTA EBT BUSINESS TASK FORCE.

Subdivision 1.

Members.

The Minnesota EBT Business Task Force includes seven
members, appointed as follows:

(1) two members of the Minnesota house of representatives, one appointed by the
speaker of the house and one appointed by the minority leader;

(2) two members of the Minnesota senate, one appointed by the senate majority
leader and one appointed by the senate minority leader;

(3) the commissioner of human services, or designee;

(4) an appointee of the Minnesota Grocers Association; and

(5) a credit card processor, appointed by the commissioner of human services.

Subd. 2.

Duties.

The Minnesota EBT Business Task Force shall create a workable
strategy to eliminate the purchase of tobacco and alcoholic beverages by recipients of the
general assistance program and Minnesota supplemental aid program under Minnesota
Statutes, chapter 256D, and programs under Minnesota Statutes, chapter 256J, using EBT
cards. The task force will consider cost to the state, feasibility of execution at retail, and
ease of use and privacy for EBT cardholders.

Subd. 3.

Report.

The task force will report back to the legislative committees with
jurisdiction over health and human services policy and finance by April 1, 2012, with
recommendations related to the task force duties under subdivision 2.

Subd. 4.

Expiration.

The task force expires on June 30, 2012.

Sec. 7. DIRECTION TO COMMISSIONER.

The commissioner of human services shall issue a request for proposals for a
third-party credit card processor who will prohibit the ability of EBT cards to be used to
purchase tobacco products or alcoholic beverages. Based on responses to the request
for proposals, the commissioner shall enter into a contract for the services specified in
this section by October 1, 2011.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 8. REPEALER.

Minnesota Statutes 2010, section 256.9862, subdivision 2, is repealed.

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