SF 30

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 08:09am

A bill for an act
relating to human services; establishing an interstate payment standard for
new residents eligible for MFIP benefits; amending Minnesota Statutes 2010,
sections 256J.08, subdivision 55a, by adding a subdivision; 256J.12, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 256J.

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

Section 1.

Minnesota Statutes 2010, section 256J.08, is amended by adding a
subdivision to read:

new text begin Subd. 50b. new text end

new text begin Interstate transitional standard. new text end

new text begin "Interstate transitional standard"
means a combination of the cash assistance a family with no other income would have
received in the state of previous residence and the Minnesota food portion for the
appropriate size family.
new text end

Sec. 2.

Minnesota Statutes 2010, section 256J.08, subdivision 55a, is amended to read:

Subd. 55a.

MFIP standard of need.

"MFIP standard of need" means the
appropriate standard used to determine MFIP benefit payments for the MFIP unit and
applies to:

(1) the transitional standard, sections 256J.08, subdivision 85, and 256J.24,
subdivision 5; deleted text begin and
deleted text end

(2) the shared household standard, section 256J.24, subdivision 9 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) the interstate transition standard, section 256J.431.
new text end

Sec. 3.

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

new text begin Subd. 3a. new text end

new text begin Payment plan for new residents. new text end

new text begin Assistance paid to an eligible family
in which all members have resided in this state for fewer than six consecutive calendar
months immediately preceding the date of application shall be at the standard and in the
form specified in section 256J.431.
new text end

Sec. 4.

new text begin [256J.431] INTERSTATE TRANSITIONAL STANDARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Payment for nonresidents. new text end

new text begin (a) Effective July 1, 2011, the amount
of assistance paid to an eligible family in which all members have resided in this state
for fewer than six calendar months immediately preceding the date of application shall
be the lesser of either the payment standard that would have been received by the family
from the state of immediate prior residence or the amount calculated in accordance with
this chapter. The lesser payment must continue until the family meets the six-month
requirement. Payment must be calculated by applying this state's budgeting policies, and
the unit's net income must be deducted from the payment standard in the other state or in
this state, whichever is lower. Payment shall be made in vendor form for rent and utilities,
up to the limit of the grant amount, and residual amounts, if any, shall be paid directly to
the assistance unit. This section applies whether or not the family received similar benefits
while residing in the state of previous residence.
new text end

new text begin (b) For the purposes of this section, "state of immediate prior residence" means:
new text end

new text begin (1) the state in which the applicant declares the applicant spent the most time in the
30 days prior to moving to this state; or
new text end

new text begin (2) the state in which an applicant who is a migrant worker maintains a home.
new text end

new text begin (c) 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

new text begin Subd. 2. new text end

new text begin Length of assistance. new text end

new text begin (a) During the first six months a family resides in
this state, the number of months that a family is eligible to receive MFIP benefits is limited
to the number of months the family would have been eligible to receive similar benefits
in the state of immediate prior residence.
new text end

new text begin (b) When a family moves to this state from another state where the family has
exhausted that state's time limit for receiving benefits under that state's TANF program,
the family must not be eligible to receive any MFIP benefits in this state for six months
from the date the family moves here.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner to verify. new text end

new text begin The commissioner shall annually verify and
update all other states' payment standards as they are to be in effect in July of each year.
new text end

new text begin Subd. 4. new text end

new text begin Migrant workers. new text end

new text begin Migrant workers, as defined in section 256J.08, and
their immediate families are exempt from this section, provided the migrant worker
provides verification that the migrant family worked in this state within the last six months
and earned at least $1,000 in gross wages during the time the migrant worker worked in
this state.
new text end

new text begin Subd. 5. new text end

new text begin Temporary absence from Minnesota. new text end

new text begin (a) For an assistance unit that has
met the requirements of section 256J.12, the number of months that the assistance unit
receives benefits under the interstate transitional standards in this section is not affected by
an absence from Minnesota for fewer than 30 consecutive days.
new text end

new text begin (b) For an assistance unit that has met the requirements of section 256J.12, the
number of months that the assistance unit receives benefits under the interstate transitional
standards in this section is not affected by an absence from Minnesota for more than
30 consecutive days but fewer than 90 consecutive days, provided the assistance unit
continues to maintain a residence in Minnesota during the period of absence.
new text end

new text begin Subd. 6. new text end

new text begin Exception to the interstate payment policy. new text end

new text begin Applicants who lived in
another state in the six months prior to applying for assistance are exempt from the
interstate payment policy for the months that a member of the unit:
new text end

new text begin (1) served in the United States armed services, provided the person returned to
Minnesota within 30 days of leaving the armed forces, and intends to remain in Minnesota;
new text end

new text begin (2) attended school in another state, and paid nonresident tuition or Minnesota
tuition rates under a reciprocity agreement, provided the person left Minnesota specifically
to attend school and returned to Minnesota within 30 days of graduation with the intent to
remain in Minnesota; or
new text end

new text begin (3) meets the following criteria:
new text end

new text begin (i) a minor child or a minor caregiver moves from another state to the residence of a
relative caregiver;
new text end

new text begin (ii) the minor caregiver applies for and receives family cash assistance;
new text end

new text begin (iii) the relative caregiver chooses not to be part of the MFIP assistance unit; and
new text end

new text begin (iv) the relative caregiver has resided in Minnesota for at least six months from the
date the assistance unit applies for cash assistance.
new text end

new text begin Subd. 7. new text end

new text begin Ineligible mandatory unit members. new text end

new text begin Ineligible mandatory family unit
members who have resided in Minnesota for six months immediately before the unit's
date of application establish the other assistance unit members' eligibility for the MFIP
transitional standard, or shared household or family wage level, whichever is applicable.
new text end