SF 1507

as introduced - 87th Legislature (2011 - 2012) Posted on 01/25/2012 08:57am

A bill for an act
relating to human services; modifying requirements for the public assistance
electronic benefit transfer card; imposing a 60-day residency requirement on
general assistance and MFIP; amending Minnesota Statutes 2010, sections
256D.02, by adding a subdivision; 256J.12, subdivisions 1a, 2; Minnesota
Statutes 2011 Supplement, section 256.987, by adding a subdivision; repealing
Minnesota Statutes 2010, section 256D.02, subdivision 12a.

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

Section 1.

Minnesota Statutes 2011 Supplement, section 256.987, is amended by
adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Photo on card required. new text end

new text begin EBT debit cards issued after July 1, 2012,
must include a photo of the cardholder on the EBT debit card. The commissioner shall
implement a plan to convert all other active EBT debit cards to include a photo of the
cardholder by July 1, 2013.
new text end

Sec. 2.

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

new text begin Subd. 12b. new text end

new text begin Resident; general assistance. new text end

new text begin (a) For purposes of eligibility for general
assistance, a person must be a resident of this state.
new text end

new text begin (b) A "resident" is a person living in the state for at least 60 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 60-day residency requirement. All
applicants for these programs are required to demonstrate the requisite intent and may do
so in any of the following ways:
new text end

new text begin (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, or a rent receipt; or
new text end

new text begin (2) by verifying residence according to Minnesota Rules, part 9500.1219, subpart
3, item C.
new text end

new text begin (c) 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.
new text end

new text begin (d) For purposes of eligibility for emergency general assistance, the 60-day residency
requirement under this section shall not be waived.
new text end

new text begin (e) 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.
new text end

Sec. 3.

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

Subd. 1a.

deleted text begin 30-day deleted text end new text begin 60-day new text end 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 deleted text begin 30 deleted text end new text begin 60 new text end 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 deleted text begin 30-day deleted text end new text begin 60-day new text end residency requirement.

Sec. 4.

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

Subd. 2.

Exceptions.

deleted text begin (a) A county shall waive the 30-day residency requirement
where unusual hardship would result from denial of assistance.
deleted text end

deleted text begin (b) For purposes of this section, unusual hardship means an assistance unit:
deleted text end

deleted text begin (1) is without alternative shelter; or
deleted text end

deleted text begin (2) is without available resources for food.
deleted text end

deleted text begin (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
deleted text end deleted text begin 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.
deleted text end

deleted text begin (d) deleted text end new text begin (a) new text end 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.

deleted text begin (e) deleted text end new text begin (b) new text end The deleted text begin 30-day deleted text end new text begin 60-day new text end 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 deleted text begin 30 deleted text end new text begin 60 new text end 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. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 256D.02, subdivision 12a, new text end new text begin is repealed.
new text end