SF 2228

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to human services; setting eligibility 
  1.3             requirements; establishing residency requirements; 
  1.4             amending Minnesota Statutes 1994, sections 256.01, by 
  1.5             adding a subdivision; 256.73, subdivision 1, and by 
  1.6             adding subdivisions; and 256B.056, subdivision 1; 
  1.7             Minnesota Statutes 1995 Supplement, sections 256.73, 
  1.8             subdivision 3a; and 256D.02, subdivision 12a; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 256B. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1994, section 256.01, is 
  1.13  amended by adding a subdivision to read: 
  1.14     Subd. 14.  [CRIMINAL BACKGROUND CHECKS.] A county agency 
  1.15  may, at county option, conduct criminal background checks as 
  1.16  necessary to implement sections 2 to 9, on all adult applicants 
  1.17  for assistance under: 
  1.18     (1) the program of aid to families with dependent children 
  1.19  under sections 256.72 to 256.87; 
  1.20     (2) the medical assistance program under chapter 256B; and 
  1.21     (3) the general assistance and general assistance medical 
  1.22  care programs under chapter 256D. 
  1.23     The commissioner of human services shall provide technical 
  1.24  assistance, at county request, to enable counties to implement 
  1.25  these criminal background checks. 
  1.26     Sec. 2.  Minnesota Statutes 1994, section 256.73, 
  1.27  subdivision 1, is amended to read: 
  1.28     Subdivision 1.  [DEPENDENT CHILDREN.] Assistance shall be 
  2.1   given under sections 256.72 to 256.87 to or on behalf of any 
  2.2   dependent child who: 
  2.3      (1) resides has resided in Minnesota for at least 30 days 
  2.4   or, if the child has resided in the state for less than 30 days, 
  2.5   the child or the child's caretaker relative meets one of the 
  2.6   criteria specified in subdivision 1a; and 
  2.7      (2) is otherwise eligible;. 
  2.8      The child shall not be denied aid because of conditions of 
  2.9   the home in which the child resides. 
  2.10     Sec. 3.  Minnesota Statutes 1994, section 256.73, is 
  2.11  amended by adding a subdivision to read: 
  2.12     Subd. 1a.  [RESIDENCY CRITERIA.] A child or caretaker 
  2.13  relative who has resided in Minnesota for less than 30 days is 
  2.14  considered to be a Minnesota resident if: 
  2.15     (1) either the child or the caretaker relative was born in 
  2.16  the state; 
  2.17     (2) either the child or the caretaker relative has, in the 
  2.18  past, resided in this state for at least 365 consecutive days; 
  2.19     (3) either the child or the caretaker relative came to this 
  2.20  state to join a close relative who has resided in this state for 
  2.21  at least 365 consecutive days.  For purposes of this clause, 
  2.22  "close relative" means a parent, grandparent, brother, sister, 
  2.23  spouse, or child; or 
  2.24     (4) the caretaker relative came to this state to accept a 
  2.25  bona fide offer of employment and was eligible to accept the 
  2.26  employment. 
  2.27     A county agency may waive the 30-day residency requirement 
  2.28  in cases of emergency or where unusual hardship would result 
  2.29  from denial of assistance.  The county agency must report to the 
  2.30  commissioner within 30 days on any waiver granted under this 
  2.31  section. 
  2.32     Sec. 4.  Minnesota Statutes 1994, section 256.73, is 
  2.33  amended by adding a subdivision to read: 
  2.34     Subd. 2a.  [CONVICTED FELONS INELIGIBLE.] A county may 
  2.35  choose to deny assistance under sections 256.72 to 256.87 on 
  2.36  behalf of any individual who has a prior conviction in this 
  3.1   state, in another state, or under federal law for a crime which 
  3.2   would be a felony under section 609.02, subdivision 2, unless 
  3.3   five years have elapsed since the individual's sentence was 
  3.4   discharged. 
  3.5      Sec. 5.  Minnesota Statutes 1995 Supplement, section 
  3.6   256.73, subdivision 3a, is amended to read: 
  3.7      Subd. 3a.  [PERSONS INELIGIBLE.] No assistance shall be 
  3.8   given under sections 256.72 to 256.87:  
  3.9      (1) on behalf of any person who is receiving supplemental 
  3.10  security income under title XVI of the Social Security Act 
  3.11  unless permitted by federal regulations; 
  3.12     (2) for any month in which the assistance unit's gross 
  3.13  income, without application of deductions or disregards, exceeds 
  3.14  185 percent of the standard of need for a family of the same 
  3.15  size and composition; except that the earnings of a dependent 
  3.16  child who is a full-time student may be disregarded for six 
  3.17  months per calendar year and the earnings of a dependent child 
  3.18  that are derived from the Jobs Training and Partnership Act 
  3.19  (JTPA) may be disregarded for six months per calendar year.  
  3.20  These two earnings disregards cannot be combined to allow more 
  3.21  than a total of six months per calendar year when the earned 
  3.22  income of a full-time student is derived from participation in a 
  3.23  program under the JTPA.  If a stepparent's income is taken into 
  3.24  account in determining need, the disregards specified in section 
  3.25  256.74, subdivision 1a, shall be applied to determine income 
  3.26  available to the assistance unit before calculating the unit's 
  3.27  gross income for purposes of this paragraph.  If a stepparent's 
  3.28  needs are included in the assistance unit as specified in 
  3.29  section 256.74, subdivision 1, the disregards specified in 
  3.30  section 256.74, subdivision 1, shall be applied.; 
  3.31     (3) to any assistance unit for any month in which any 
  3.32  caretaker relative with whom the child is living is, on the last 
  3.33  day of that month, participating in a strike; 
  3.34     (4) on behalf of any other individual in the assistance 
  3.35  unit, nor shall the individual's needs be taken into account for 
  3.36  any month in which, on the last day of the month, the individual 
  4.1   is participating in a strike; 
  4.2      (5) on behalf of any individual who is the principal earner 
  4.3   in an assistance unit whose eligibility is based on the 
  4.4   unemployment of a parent when the principal earner, without good 
  4.5   cause, fails or refuses to accept employment, or to register 
  4.6   with a public employment office, unless the principal earner is 
  4.7   exempt from these work requirements; and 
  4.8      (6) at county option, to any individual who (i) is fleeing 
  4.9   to avoid prosecution or imprisonment after conviction for a 
  4.10  crime which would be a felony under section 609.02, subdivision 
  4.11  2; or (ii) is in violation of a condition of probation or parole 
  4.12  imposed under any federal law or the laws of any state. 
  4.13     Sec. 6.  [256B.0551] [PERSONS INELIGIBLE.] 
  4.14     Subdivision 1.  [FLEEING FELONS; PAROLE VIOLATIONS.] At 
  4.15  county option, medical assistance benefits may be denied to an 
  4.16  individual who: 
  4.17     (1) is fleeing to avoid prosecution, or imprisonment after 
  4.18  conviction, for a crime which would be a felony under section 
  4.19  609.02, subdivision 2; or 
  4.20     (2) is in violation of a condition of probation or parole 
  4.21  imposed under federal law or the laws of any state. 
  4.22     Subd. 2.  [PERSONS WITH PRIOR FELONY CONVICTIONS.] At 
  4.23  county option, medical assistance benefits may be denied to an 
  4.24  individual who has a prior conviction in this state, in another 
  4.25  state, or under federal law for a crime which would be a felony 
  4.26  under section 609.02, subdivision 2, unless five years have 
  4.27  elapsed since the person's sentence was discharged. 
  4.28     Sec. 7.  Minnesota Statutes 1994, section 256B.056, 
  4.29  subdivision 1, is amended to read: 
  4.30     Subdivision 1.  [RESIDENCY.] To be eligible for medical 
  4.31  assistance, a person must reside have resided in Minnesota for 
  4.32  at least 30 days, or, if absent from the state, be deemed to be 
  4.33  a resident of Minnesota in accordance with the rules of the 
  4.34  state agency. 
  4.35     A person who has resided in the state for less than 30 days 
  4.36  is considered to be a Minnesota resident if the person: 
  5.1      (1) was born in the state; 
  5.2      (2) has in the past resided in the state for at least 365 
  5.3   consecutive days; 
  5.4      (3) came to this state to join a close relative, which, for 
  5.5   purposes of this subdivision, means a parent, grandparent, 
  5.6   brother, sister, spouse, or child; or 
  5.7      (4) came to this state to accept a bona fide offer of 
  5.8   employment for which the person is eligible.  
  5.9      A county agency may waive the 30-day residency requirement 
  5.10  in cases of medical emergency or where unusual hardship would 
  5.11  result from denial of assistance.  The county agency must report 
  5.12  to the commissioner within 30 days on any waiver granted under 
  5.13  this section. 
  5.14     Sec. 8.  Minnesota Statutes 1995 Supplement, section 
  5.15  256D.02, subdivision 12a, is amended to read: 
  5.16     Subd. 12a.  [RESIDENT.] For purposes of eligibility for 
  5.17  general assistance under section 256D.05, and payments under 
  5.18  section 256D.051 and general assistance medical care, a 
  5.19  "resident" is a person living in the state for at least 30 days 
  5.20  with the intention of making the person's home here and not for 
  5.21  any temporary purpose.  All applicants for these programs are 
  5.22  required to demonstrate the requisite intent and can do so in 
  5.23  any of the following ways: 
  5.24     (1) by showing that the applicant maintains a residence at 
  5.25  a verified address, other than a place of public accommodation.  
  5.26  An applicant may verify a residence address by presenting a 
  5.27  valid state driver's license, a state identification card, a 
  5.28  voter registration card, a rent receipt, a statement by the 
  5.29  landlord, apartment manager, or homeowner verifying that the 
  5.30  individual is residing at the address, or other form of 
  5.31  verification approved by the commissioner;.  An applicant who 
  5.32  has been in this state for less than 30 days shall be considered 
  5.33  a resident if the applicant can provide documentation: 
  5.34     (2) by providing written documentation (1) that the 
  5.35  applicant came to the this state in response to an offer of 
  5.36  employment; 
  6.1      (3) by providing verification (2) that the applicant has 
  6.2   been a long-time resident of the this state or was formerly a 
  6.3   resident of the this state for at least 365 days and is 
  6.4   returning to the this state from a temporary absence, as those 
  6.5   terms are defined in rules to be adopted by the commissioner; or 
  6.6      (4) by providing other persuasive evidence to show that the 
  6.7   applicant is a resident of the state, according to rules adopted 
  6.8   by the commissioner. (3) that the applicant came to this state 
  6.9   to accept a bona fide offer of employment for which the 
  6.10  applicant is eligible.  
  6.11     A county agency may waive the 30-day residency requirement 
  6.12  in cases of emergencies, including medical emergencies, or where 
  6.13  unusual hardship would result from denial of assistance.  The 
  6.14  county agency must report to the commissioner within 30 days on 
  6.15  any waiver granted under this section. 
  6.16     Sec. 9.  [WAIVER AUTHORITY.] 
  6.17     The commissioner of human services shall seek federal 
  6.18  waivers as necessary to implement sections 1 to 8.  If federal 
  6.19  waivers are necessary to implement these sections, the 
  6.20  commissioner of human services shall provide written notice to 
  6.21  the chairs of the house and senate health and human services 
  6.22  committees and the revisor of statutes.  After obtaining federal 
  6.23  waivers, the commissioner shall provide written notice to the 
  6.24  chairs of the house and senate health and human services 
  6.25  committees, the revisor of statutes, and publish a notice in the 
  6.26  State Register to that effect. 
  6.27     Sec. 10.  [SEVERABILITY.] 
  6.28     If any provision of sections 1 to 9 is found to be 
  6.29  unconstitutional or void by a court of competent jurisdiction, 
  6.30  all remaining provisions of the law shall remain valid and shall 
  6.31  be given full effect.