SF 2343

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

  1.1                          A bill for an act 
  1.2             relating to human services; adding a family 
  1.3             antipoverty program; making changes to welfare reform; 
  1.4             amending Minnesota Statutes 1996, sections 256.031, by 
  1.5             adding a subdivision; 256.032, subdivisions 8 and 13; 
  1.6             256.033, subdivisions 3, 4, 5, and by adding a 
  1.7             subdivision; 256.034, subdivision 3; 256.035, 
  1.8             subdivisions 1, 2a, 5, 6a, and 6c; Minnesota Statutes 
  1.9             1997 Supplement, sections 256.031, subdivision 6; 
  1.10            256.033, subdivisions 1 and 1a; 256B.0635; and 
  1.11            256D.05, subdivision 1; Laws 1997, chapter 85, article 
  1.12            3, section 3; proposing coding for new law in 
  1.13            Minnesota Statutes, chapter 256; repealing Minnesota 
  1.14            Statutes 1996, sections 256.031, subdivision 3; 
  1.15            256.033, subdivision 6; 256.035, subdivisions 2, 3, 
  1.16            6d, and 6e; 256.047; 256.0475; and 256.048; Minnesota 
  1.17            Statutes 1997 Supplement, sections 256D.02, 
  1.18            subdivision 12a; 256D.051, subdivision 18; 256D.066; 
  1.19            256J.01; 256J.02; 256J.03; 256J.06; 256J.08; 256J.09; 
  1.20            256J.10; 256J.11, as amended; 256J.12; 256J.13; 
  1.21            256J.14; 256J.15; 256J.20; 256J.21; 256J.24; 256J.25; 
  1.22            256J.26; 256J.28; 256J.30; 256J.31; 256J.315; 256J.32; 
  1.23            256J.33; 256J.34; 256J.35; 256J.36; 256J.37; 256J.38; 
  1.24            256J.39; 256J.395; 256J.396; 256J.40; 256J.42; 
  1.25            256J.43; 256J.44; 256J.45; 256J.46; 256J.47; 256J.48; 
  1.26            256J.49; 256J.50; 256J.51; 256J.515; 256J.52; 256J.53; 
  1.27            256J.54; 256J.55; 256J.56; 256J.57; 256J.61; 256J.62; 
  1.28            256J.645; 256J.65; 256J.66; 256J.67; 256J.68; 256J.69; 
  1.29            256J.72; 256J.74; 256J.75; 256J.76; 256K.01; 256K.015; 
  1.30            256K.02; 256K.03; 256K.04; 256K.05; 256K.06; 256K.07; 
  1.31            256K.08; and 256K.09; Laws 1997, chapter 85, article 
  1.32            1, sections 64, 67, and 71; and article 3, section 54. 
  1.33  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.34     Section 1.  [PURPOSE STATEMENT.] 
  1.35     The legislature intends to end poverty in the state of 
  1.36  Minnesota and requires the state to enter into a social contract 
  1.37  with the people that recognizes ending poverty as the primary 
  1.38  objective. 
  1.39     Instead of legislation that punishes the poor, legislation 
  2.1   shall address the elimination of poverty.  Toward that end, the 
  2.2   state shall recognize and begin to work on real solutions to 
  2.3   poverty which include: 
  2.4      (1) the creation of real jobs with livable family wages; 
  2.5      (2) affordable and accessible child care for all; 
  2.6      (3) free education for all; 
  2.7      (4) free and accessible health care for all; and 
  2.8      (5) increased and immediate access to affordable housing 
  2.9   for all. 
  2.10     In an effort to fund these antipoverty provisions, the 
  2.11  state must explore other sources of revenue, such as eliminating 
  2.12  large tax credits for companies and corporations and other forms 
  2.13  of corporate welfare. 
  2.14     Fulfilling these antipoverty measures eliminates the need 
  2.15  for any discussion or action around punitive "welfare reforms."  
  2.16     For the immediate future, some of the barriers to getting 
  2.17  out of poverty can be removed by enacting the provisions in 
  2.18  sections 2 to 26.  
  2.19     Sec. 2.  Minnesota Statutes 1996, section 256.031, is 
  2.20  amended by adding a subdivision to read: 
  2.21     Subd. 1b.  [IMPLEMENTATION.] Minnesota's TANF assistance 
  2.22  will be provided through a statewide expansion of MFIP, called 
  2.23  FAPP.  The modifications in this chapter are necessary to 
  2.24  improve MFIP.  Eligible applicants and recipients of MFIP-S and 
  2.25  food stamps will be converted to the FAPP program.  Effective 
  2.26  July 1, 1998, any new application received for family cash 
  2.27  assistance will be processed under rules for chapter 256. 
  2.28     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  2.29  256.031, subdivision 6, is amended to read: 
  2.30     Subd. 6.  [END OF FIELD TRIALS.] Upon agreement with the 
  2.31  federal government, the field trials of the Minnesota family 
  2.32  investment plan will end June 30, 1998.  Families in the 
  2.33  comparison group under subdivision 3, paragraph (d), clause (i), 
  2.34  receiving aid to families with dependent children under sections 
  2.35  256.72 to 256.87, and STRIDE services under section 256.736 will 
  2.36  continue in those programs until June 30, 1998.  After June 30, 
  3.1   1998, families who cease receiving assistance under the 
  3.2   Minnesota family investment plan and comparison group families 
  3.3   who cease receiving assistance under AFDC and STRIDE who are 
  3.4   eligible for the Minnesota family investment program-statewide 
  3.5   (MFIP-S), medical assistance, general assistance medical care, 
  3.6   or the food stamp program shall be placed with their consent on 
  3.7   the programs for which they are eligible. 
  3.8      Sec. 4.  Minnesota Statutes 1996, section 256.032, 
  3.9   subdivision 8, is amended to read: 
  3.10     Subd. 8.  [FAMILY WAGE LEVEL.] "Family wage level" 
  3.11  means 120 200 percent of the transitional standard, as defined 
  3.12  in subdivision 13 federal poverty level. 
  3.13     Sec. 5.  Minnesota Statutes 1996, section 256.032, 
  3.14  subdivision 13, is amended to read: 
  3.15     Subd. 13.  [TRANSITIONAL STANDARD.] "Transitional standard" 
  3.16  means the sum of the AFDC TANF standard of assistance and the 
  3.17  full cash value of food stamps for a family of the same size and 
  3.18  composition in effect for the remainder of the state during 
  3.19  implementation of the Minnesota family investment plan field 
  3.20  trials.  This standard applies only to families in which the 
  3.21  parental caregiver is in transitional status and to families in 
  3.22  which the caregiver is exempt from developing or has good cause 
  3.23  for not complying with the terms of the family support 
  3.24  agreement.  Full cash value of food stamps is the amount of the 
  3.25  cash value of food stamps to which a family of a given size 
  3.26  would be entitled for a month, determined by assuming unearned 
  3.27  income equal to the AFDC TANF standard for a family of that size 
  3.28  and composition and subtracting the standard deduction and 
  3.29  maximum shelter deduction from gross family income, as allowed 
  3.30  under the Food Stamp Act of 1977, as amended, and Public Law 
  3.31  Number 100-435.  The assistance standard for a family consisting 
  3.32  of a pregnant woman in the third second trimester of pregnancy 
  3.33  with no children must equal the assistance standard for one 
  3.34  adult and one child. 
  3.35     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
  3.36  256.033, subdivision 1, is amended to read: 
  4.1      Subdivision 1.  [ELIGIBILITY CONDITIONS.] (a) A family is 
  4.2   entitled to assistance under the Minnesota family investment 
  4.3   plan family antipoverty program if the family is assigned to a 
  4.4   test group in the evaluation as provided in section 256.031, 
  4.5   subdivision 3, paragraph (d), and: 
  4.6      (1) the family meets the definition of assistance unit 
  4.7   under section 256.032, subdivision 1a; and 
  4.8      (2) the family's resources not excluded under subdivision 3 
  4.9   do not exceed $2,000; $5,000. 
  4.10     (3) the family can verify citizenship or lawful resident 
  4.11  alien status; and 
  4.12     (4) the family provides or applies for a social security 
  4.13  number for each member of the family receiving assistance under 
  4.14  the family investment plan. 
  4.15     (b) A family is eligible for the family investment 
  4.16  plan antipoverty program if the net income is less than the 
  4.17  transitional standard as defined in section 256.032, subdivision 
  4.18  13, for that size and composition of family.  In determining 
  4.19  available net income, the provisions in subdivision 2 shall 
  4.20  apply. 
  4.21     (c) Upon application, a family is initially eligible for 
  4.22  the family investment plan antipoverty program if the family's 
  4.23  gross income does not exceed the applicable transitional 
  4.24  standard of assistance for that family as defined under section 
  4.25  256.032, subdivision 13, after deducting: 
  4.26     (1) 18 percent to cover taxes; and 
  4.27     (2) actual dependent care costs up to the maximum 
  4.28  disregarded under United States Code, title 42, section 
  4.29  602(a)(8)(A)(iii); and 
  4.30     (3) $50 of child support collected in that month. 
  4.31     (d) A family can remain eligible for the program if: 
  4.32     (1) it meets the conditions in subdivision 1a; and 
  4.33     (2) its income is below the transitional standard in 
  4.34  section 256.032, subdivision 13, allowing for income exclusions 
  4.35  in subdivision 2 and after applying the family investment 
  4.36  plan antipoverty program treatment of earnings under subdivision 
  5.1   1a. 
  5.2      Sec. 7.  Minnesota Statutes 1997 Supplement, section 
  5.3   256.033, subdivision 1a, is amended to read: 
  5.4      Subd. 1a.  [TREATMENT OF INCOME FOR THE PURPOSES OF 
  5.5   CONTINUED ELIGIBILITY.] To help families during their transition 
  5.6   from the Minnesota family investment plan family antipoverty 
  5.7   program to self-sufficiency, the following income supports are 
  5.8   available: 
  5.9      (a) The $30 and one-third and $90 disregards allowed under 
  5.10  section 256.74, subdivision 1, and the 20 percent earned income 
  5.11  deduction allowed under the federal Food Stamp Act of 1977, as 
  5.12  amended, are replaced with a single disregard of not less than 
  5.13  35 45 percent of gross earned income to cover taxes and other 
  5.14  work-related expenses and to reward the earning of income.  This 
  5.15  single disregard is available for the entire time a family 
  5.16  receives assistance through the Minnesota family investment plan 
  5.17  family antipoverty program. 
  5.18     (b) The dependent care deduction, as prescribed under 
  5.19  section 256.74, subdivision 1, and United States Code, title 7, 
  5.20  section 2014(e), is replaced for families with earned income who 
  5.21  need assistance with dependent care with an entitlement to a 
  5.22  dependent care subsidy from money appropriated for the Minnesota 
  5.23  family investment plan family antipoverty program. 
  5.24     (c) The family wage level, as defined in section 256.032, 
  5.25  subdivision 8, allows families to supplement earned income with 
  5.26  assistance received through the Minnesota family investment plan 
  5.27  under this section.  If, after earnings are adjusted according 
  5.28  to the disregard described in paragraph (a), earnings have 
  5.29  raised family income to a level equal to or greater than the 
  5.30  family wage level, the amount of assistance received through the 
  5.31  Minnesota family investment plan family antipoverty program must 
  5.32  be reduced. 
  5.33     Sec. 8.  Minnesota Statutes 1996, section 256.033, is 
  5.34  amended by adding a subdivision to read: 
  5.35     Subd. 1b.  [INCOME EXCLUSIONS.] (a) The following must be 
  5.36  excluded in determining a family's available income: 
  6.1      (1) payments for basic care, difficulty of care, and 
  6.2   clothing allowances received for providing family foster care to 
  6.3   children or adults under Minnesota Rules, parts 9545.0010 to 
  6.4   9545.0260 and 9555.5050 to 9555.6265, and payments received and 
  6.5   used for care and maintenance of a third-party beneficiary who 
  6.6   is not a household member; 
  6.7      (2) reimbursements for employment training received through 
  6.8   the Job Training Partnership Act, United States Code, title 29, 
  6.9   chapter 19, sections 1501 to 1792b; 
  6.10     (3) reimbursement for out-of-pocket expenses incurred while 
  6.11  performing volunteer services, jury duty, or employment; 
  6.12     (4) all educational assistance, except the county agency 
  6.13  must count graduate student teaching assistantships, 
  6.14  fellowships, and other similar paid work as earned income and, 
  6.15  after allowing deductions for any unmet and necessary 
  6.16  educational expenses, shall count scholarships or grants awarded 
  6.17  to graduate students that do not require teaching or research as 
  6.18  unearned income; 
  6.19     (5) loans, regardless of purpose, from public or private 
  6.20  lending institutions, governmental lending institutions, or 
  6.21  governmental agencies; 
  6.22     (6) loans from private individuals, regardless of purpose, 
  6.23  provided an applicant or participant documents that the lender 
  6.24  expects repayment; 
  6.25     (7) state and federal income tax refunds; 
  6.26     (8) state and federal earned income credits; 
  6.27     (9) funds received for reimbursement, replacement, or 
  6.28  rebate of personal or real property when these payments are made 
  6.29  by public agencies, awarded by a court, solicited through public 
  6.30  appeal, or made as a grant by a federal agency, state or local 
  6.31  government, or disaster assistance organizations, subsequent to 
  6.32  a presidential declaration of disaster; 
  6.33     (10) the portion of an insurance settlement that is used to 
  6.34  pay medical, funeral, and burial expenses, or to repair or 
  6.35  replace insured property; 
  6.36     (11) reimbursements for medical expenses that cannot be 
  7.1   paid by medical assistance; 
  7.2      (12) payments by a vocational rehabilitation program 
  7.3   administered by the state under chapter 268A, except those 
  7.4   payments that are for current living expenses; 
  7.5      (13) in-kind income, including any payments directly made 
  7.6   by a third party to a provider of goods and services; 
  7.7      (14) assistance payments to correct underpayments, but only 
  7.8   for the month in which the payment is received; 
  7.9      (15) emergency assistance payments; 
  7.10     (16) funeral and cemetery payments as provided by section 
  7.11  256.935; 
  7.12     (17) nonrecurring cash gifts of $30 or less, not exceeding 
  7.13  $30 per participant in a calendar month; 
  7.14     (18) any form of energy assistance payment made through 
  7.15  Public Law Number 97-35, Low-Income Home Energy Assistance Act 
  7.16  of 1981, payments made directly to energy providers by other 
  7.17  public and private agencies, and any form of credit or rebate 
  7.18  payment issued by energy providers; 
  7.19     (19) Supplemental Security Income, including retroactive 
  7.20  payments; 
  7.21     (20) Minnesota supplemental aid, including retroactive 
  7.22  payments; 
  7.23     (21) proceeds from the sale of real or personal property; 
  7.24     (22) adoption assistance payments under section 259.67; 
  7.25     (23) state-funded family subsidy program payments made 
  7.26  under section 252.32 to help families care for children with 
  7.27  mental retardation or related conditions; 
  7.28     (24) interest payments and dividends from property that is 
  7.29  not excluded from and that does not exceed the asset limit; 
  7.30     (25) rent rebates; 
  7.31     (26) income earned by a minor caregiver or minor child who 
  7.32  is at least a half-time student; 
  7.33     (27) income earned by a caregiver under age 20 who is at 
  7.34  least a half-time student in an approved secondary education 
  7.35  program; 
  7.36     (28) MFIP-S child care payments under section 119B.05; 
  8.1      (29) all other payments made through MFIP-S to support a 
  8.2   caregiver's pursuit of greater self-support; 
  8.3      (30) income a participant receives related to shared living 
  8.4   expenses; 
  8.5      (31) reverse mortgages; 
  8.6      (32) benefits provided by the Child Nutrition Act of 1966, 
  8.7   United States Code, title 42, chapter 13A, sections 1771 to 
  8.8   1790; 
  8.9      (33) benefits provided by the women, infants, and children 
  8.10  (WIC) nutrition program, United States Code, title 42, chapter 
  8.11  13A, section 1786; 
  8.12     (34) benefits from the National School Lunch Act, United 
  8.13  States Code, title 42, chapter 13, sections 1751 to 1769e; 
  8.14     (35) relocation assistance for displaced persons under the 
  8.15  Uniform Relocation Assistance and Real Property Acquisition 
  8.16  Policies Act of 1970, United States Code, title 42, chapter 61, 
  8.17  subchapter II, section 4636, or the National Housing Act, United 
  8.18  States Code, title 12, chapter 13, sections 1701 to 1750jj; 
  8.19     (36) benefits from the Trade Act of 1974, United States 
  8.20  Code, title 19, chapter 12, part 2, sections 2271 to 2322; 
  8.21     (37) war reparations payments to Japanese Americans and 
  8.22  Aleuts under United States Code, title 50, sections 1989 to 
  8.23  1989d; 
  8.24     (38) payments to veterans or their dependents as a result 
  8.25  of legal settlements regarding Agent Orange or other chemical 
  8.26  exposure under Public Law Number 101-239, section 10405, 
  8.27  paragraph (a)(2)(E); 
  8.28     (39) income that is otherwise specifically excluded from 
  8.29  the MFIP-S program consideration in federal law, state law, or 
  8.30  federal regulation; 
  8.31     (40) security and utility deposit refunds; 
  8.32     (41) American Indian tribal land settlements excluded under 
  8.33  Public Law Numbers 98-123, 98-124, and 99-377 to the Mississippi 
  8.34  Band Chippewa Indians of White Earth, Leech Lake, and Mille Lacs 
  8.35  reservations and payments to members of the White Earth Band, 
  8.36  under United States Code, title 25, chapter 9, section 331, and 
  9.1   chapter 16, section 1407; 
  9.2      (42) all income of the minor parent's parent when 
  9.3   determining the grant for the minor parent in households that 
  9.4   include a minor parent living with a parent on MFIP-S with other 
  9.5   dependent children; and 
  9.6      (43) income of the minor parent's parent equal to 200 
  9.7   percent of the federal poverty guideline for a family size not 
  9.8   including the minor parent and the minor parent's child in 
  9.9   households that include a minor parent living with a parent not 
  9.10  on MFIP-S when determining the grant for the minor parent.  The 
  9.11  remainder of income is deemed as specified in section 256J.37, 
  9.12  subdivision 1. 
  9.13     Sec. 9.  Minnesota Statutes 1996, section 256.033, 
  9.14  subdivision 3, is amended to read: 
  9.15     Subd. 3.  [DETERMINATION OF FAMILY RESOURCES.] When 
  9.16  determining a family's resources, the following are excluded:  
  9.17     (1) the family's home, together with surrounding property 
  9.18  not separated from the home by intervening property owned by 
  9.19  others; 
  9.20     (2) one burial plot for each family member; 
  9.21     (3) one prepaid burial contract with an equity value of no 
  9.22  more than $1,500 for each member of the family; 
  9.23     (4) licensed automobiles, trucks, or vans up to a total 
  9.24  equity value of $4,500; 
  9.25     (5) personal property needed to produce earned income, 
  9.26  including tools, implements, farm animals, and inventory; 
  9.27     (6) the entire equity value of a motor vehicle determined 
  9.28  to be necessary for the operation of a self-employment business; 
  9.29  and 
  9.30     (7) clothing, necessary household furniture, equipment, and 
  9.31  other basic maintenance items essential for daily living. 
  9.32     (a) [REAL PROPERTY LIMITATIONS.] Ownership of real property 
  9.33  by an applicant or participant is subject to the limitations in 
  9.34  clause (1). 
  9.35     (1) A county agency shall exclude the homestead of an 
  9.36  applicant or participant as follows:  
 10.1      (i) an applicant or participant who is purchasing real 
 10.2   property through a contract for deed and using that property as 
 10.3   a home is considered the owner of real property; 
 10.4      (ii) the total amount of land that can be excluded under 
 10.5   this subdivision is limited to surrounding property which is not 
 10.6   separated from the home by intervening property owned by others. 
 10.7      (iii) when real property that has been used as a home by a 
 10.8   participant is sold, the county agency must treat the cash 
 10.9   proceeds from the sale as excluded property when the participant 
 10.10  intends to reinvest the proceeds in another home and maintains 
 10.11  those proceeds, unused for other purposes, in a separate 
 10.12  account; and 
 10.13     (iv) when the homestead is jointly owned, but the client 
 10.14  does not reside in it because of legal separation, pending 
 10.15  divorce, or battering or abuse by the spouse or partner, the 
 10.16  homestead is excluded. 
 10.17     (b) [OTHER PROPERTY LIMITATIONS.] To be eligible for 
 10.18  MFIP-S, the equity value of all nonexcluded real and personal 
 10.19  property of the assistance unit must not exceed $5,000.  The 
 10.20  value of clauses (1) to (17) must be excluded when determining 
 10.21  the equity value of real and personal property: 
 10.22     (1) licensed vehicles up to a total market value of less 
 10.23  than or equal to $7,500.  The county agency shall apply any 
 10.24  excess market value to the asset limit described in this 
 10.25  section.  If the assistance unit owns more than one licensed 
 10.26  vehicle, the county agency shall determine the vehicle with the 
 10.27  highest market value and count only the market value over 
 10.28  $7,500.  The county agency shall count the market value of all 
 10.29  other vehicles and apply this amount to the asset limit 
 10.30  described in this section.  The value of special equipment for a 
 10.31  handicapped member of the assistance unit is excluded.  To 
 10.32  establish the market value of vehicles, a county agency must use 
 10.33  the N.A.D.A. Official Used Car Guide, Midwest Edition, for newer 
 10.34  model cars.  The N.A.D.A. Official Used Car Guide, Midwest 
 10.35  Edition, is incorporated by reference.  When a vehicle is not 
 10.36  listed in the guidebook, or when the applicant or participant 
 11.1   disputes the value listed in the guidebook as unreasonable given 
 11.2   the condition of the particular vehicle, the county agency may 
 11.3   require the applicant or participant to document the value by 
 11.4   securing a written statement from a motor vehicle dealer 
 11.5   licensed under section 168.27, stating the amount that the 
 11.6   dealer would pay to purchase the vehicle.  The county agency 
 11.7   shall reimburse the applicant or participant for the cost of a 
 11.8   written statement that documents a lower value; 
 11.9      (2) the value of life insurance policies for members of the 
 11.10  assistance unit; 
 11.11     (3) one burial plot per member of an assistance unit; 
 11.12     (4) the value of personal property needed to produce earned 
 11.13  income, including tools, implements, farm animals, inventory, 
 11.14  business loans, business checking and savings accounts used 
 11.15  exclusively for the operation of a self-employment business, and 
 11.16  any motor vehicles if the vehicles are essential for the 
 11.17  self-employment business; 
 11.18     (5) the value of personal property not otherwise specified 
 11.19  which is commonly used by household members in day-to-day living 
 11.20  such as clothing, necessary household furniture, equipment, and 
 11.21  other basic maintenance items essential for daily living; 
 11.22     (6) the value of real and personal property owned by a 
 11.23  recipient of Social Security Income or Minnesota supplemental 
 11.24  aid; 
 11.25     (7) the value of corrective payments; 
 11.26     (8) a mobile home used by an applicant or participant as 
 11.27  the applicant's or participant's home; 
 11.28     (9) money in a separate escrow account that is needed to 
 11.29  pay real estate taxes or insurance and that is used for this 
 11.30  purpose; 
 11.31     (10) money held in escrow to cover employee FICA, employee 
 11.32  tax withholding, sales tax withholding, employee worker 
 11.33  compensation, business insurance, property rental, property 
 11.34  taxes, and other costs that are paid at least annually, but less 
 11.35  often than monthly; 
 11.36     (11) monthly assistance and emergency assistance payments 
 12.1   for the current month's needs; 
 12.2      (12) the value of school loans, grants, or scholarships; 
 12.3      (13) income received in a budget month through the end of 
 12.4   the budget month; 
 12.5      (14) all earned income of a minor child receiving 
 12.6   assistance through the family antipoverty program is excluded 
 12.7   when the child is attending school at least half-time; 
 12.8      (15) all earned income tax credit payments received by the 
 12.9   family as a refund of federal income taxes or made as advance 
 12.10  payments are excluded in accordance with United States Code, 
 12.11  title 42, section 602(a)(8)(A)(viii); 
 12.12     (16) payments excluded under federal law as long as those 
 12.13  payments are held in a separate account from any nonexcluded 
 12.14  funds; and 
 12.15     (17) money received by a participant of the corps to career 
 12.16  program under section 84.0887, subdivision 2, paragraph (b), as 
 12.17  a postservice benefit under the federal Americorps Act. 
 12.18     Sec. 10.  Minnesota Statutes 1996, section 256.033, 
 12.19  subdivision 4, is amended to read: 
 12.20     Subd. 4.  [TREATMENT OF SSI AND MSA.] The monthly benefits 
 12.21  and any other income received through the supplemental security 
 12.22  income or Minnesota supplemental aid program and any real or 
 12.23  personal property of an assistance unit member who receives 
 12.24  supplemental security income or Minnesota supplemental aid must 
 12.25  be excluded in determining the family's eligibility for 
 12.26  the Minnesota family investment plan family antipoverty program 
 12.27  and the amount of assistance.  In determining the amount of 
 12.28  assistance to be paid to the family, the needs of the person 
 12.29  receiving supplemental security income or Minnesota supplemental 
 12.30  aid must not be taken into account. 
 12.31     Sec. 11.  Minnesota Statutes 1996, section 256.033, 
 12.32  subdivision 5, is amended to read: 
 12.33     Subd. 5.  [ABILITY TO APPLY FOR FOOD STAMPS.] A family that 
 12.34  is ineligible for assistance through the Minnesota family 
 12.35  investment plan family antipoverty program due to income or 
 12.36  resources or has not been assigned to a test group in the 
 13.1   evaluation as provided in section 256.031, subdivision 3, 
 13.2   paragraph (d), may apply for, and if eligible receive, benefits 
 13.3   under the food stamp program. 
 13.4      Sec. 12.  Minnesota Statutes 1996, section 256.034, 
 13.5   subdivision 3, is amended to read: 
 13.6      Subd. 3.  [MODIFICATION OF ELIGIBILITY TESTS.] (a) A needy 
 13.7   family is eligible and entitled to receive assistance under the 
 13.8   program if the family is assigned to a test group in the 
 13.9   evaluation as provided in section 256.031, subdivision 3, 
 13.10  paragraph (d), even if its children are not found to be deprived 
 13.11  of parental support or care by reason of death, continued 
 13.12  absence from the home, physical or mental incapacity of a 
 13.13  parent, or unemployment of a parent, provided the family's 
 13.14  income and resources do not exceed the eligibility requirements 
 13.15  in section 256.033.  In addition, a caregiver who is in the 
 13.16  assistance unit who is physically and mentally fit, who is 
 13.17  between the ages of 18 and 60 years, who is enrolled at least 
 13.18  half time in an institution of higher education, and whose 
 13.19  family income and resources do not exceed the eligibility 
 13.20  requirements in section 256.033, is eligible for assistance 
 13.21  under the Minnesota family investment plan if the family is 
 13.22  assigned to a test group in the evaluation as provided in 
 13.23  section 256.031, subdivision 3, paragraph (d), family 
 13.24  antipoverty program even if the conditions for eligibility as 
 13.25  prescribed under the federal Food Stamp Act of 1977, as amended, 
 13.26  are not met. 
 13.27     (b) An applicant for, or a person receiving, assistance 
 13.28  under the Minnesota family investment plan family antipoverty 
 13.29  program is considered to have assigned to the public agency 
 13.30  responsible for child support enforcement at the time of 
 13.31  application all rights to child support, health care benefits 
 13.32  coverage, and maintenance from any other person the applicant 
 13.33  may have in the applicant's own behalf or on behalf of any other 
 13.34  family member for whom application is made under the Minnesota 
 13.35  family investment plan family antipoverty program.  The 
 13.36  provisions of section 256.74, subdivision 5, govern the 
 14.1   assignment.  An applicant for, or a person receiving, assistance 
 14.2   under the Minnesota family investment plan family antipoverty 
 14.3   program shall cooperate with the efforts of the county agency to 
 14.4   collect child and spousal support.  The county agency is 
 14.5   entitled to any child support and maintenance received by or on 
 14.6   behalf of the person receiving assistance or another member of 
 14.7   the family for which the person receiving assistance is 
 14.8   responsible.  Failure by an applicant or a person receiving 
 14.9   assistance to cooperate with the efforts of the county agency to 
 14.10  collect child and spousal support without good cause must be 
 14.11  sanctioned according to section 256.035, subdivision 3.  
 14.12     (c) An applicant for, or a person receiving, assistance 
 14.13  under the Minnesota family investment plan family antipoverty 
 14.14  program is not required to comply with the employment and 
 14.15  training requirements prescribed under sections 256.736, 
 14.16  subdivisions 3, 3a, and 14; and 256D.05, subdivision 1; section 
 14.17  402(a)(19) of the Social Security Act; the federal Food Stamp 
 14.18  Act of 1977, as amended; Public Law Number 100-485; or any other 
 14.19  state or federal employment and training program, unless and to 
 14.20  the extent compliance is specifically required in a family 
 14.21  support agreement with the county agency or its designee. 
 14.22     Sec. 13.  Minnesota Statutes 1996, section 256.035, 
 14.23  subdivision 1, is amended to read: 
 14.24     Subdivision 1.  [EXPECTATIONS.] All families eligible for 
 14.25  assistance under the family investment plan who are assigned to 
 14.26  a test group in the evaluation as provided in section 256.031, 
 14.27  subdivision 3, paragraph (d), antipoverty program are expected 
 14.28  to be in transitional status as defined in section 256.032, 
 14.29  subdivision 12.  To be considered in transitional status, 
 14.30  families must meet the following expectations: 
 14.31     (a) For a family headed by a single adult parental 
 14.32  caregiver, the expectation is that the parental caregiver will 
 14.33  independently pursue self-sufficiency until the family has 
 14.34  received assistance for 24 months within the preceding 36 
 14.35  months.  Beginning with the 25th month of assistance, the parent 
 14.36  must be and may begin developing or complying participating with 
 15.1   the terms of the family support agreement on a voluntary basis.  
 15.2      (b) For a family with a minor parental caregiver or a 
 15.3   family whose parental caregiver is 18 or 19 years of age and 
 15.4   does not have a high school diploma or its equivalent, the 
 15.5   expectation is that, concurrent with the receipt of assistance, 
 15.6   the parental caregiver must be developing may develop or 
 15.7   complying comply with a family support agreement.  The terms of 
 15.8   the family support agreement must may include compliance with 
 15.9   section 256.736, subdivision 3b.  However, if the assistance 
 15.10  unit does not comply with section 256.736, subdivision 3b, the 
 15.11  sanctions in subdivision 3 apply.  
 15.12     (c) For a family with two adult parental caregivers, the 
 15.13  expectation is that at least one parent will independently 
 15.14  pursue self-sufficiency until the family has received assistance 
 15.15  for six months within the preceding 12 months.  Beginning with 
 15.16  the seventh month of assistance,.  One parent must be developing 
 15.17  may begin to develop or complying participate with the terms of 
 15.18  the family support agreement on a voluntary basis.  To the 
 15.19  extent of available resources and provided the other caregiver 
 15.20  is proficient in English, the commissioner may require that 
 15.21  shall offer both caregivers in a family with two adult parental 
 15.22  caregivers, in which the youngest child has attained the age of 
 15.23  six and is not in kindergarten, must be developing or complying 
 15.24  with the terms of the opportunity to participate in a family 
 15.25  support agreement by the seventh month on assistance.  A 
 15.26  caregiver shall be determined proficient in English if the 
 15.27  county agency, or its employment and training service provider, 
 15.28  determines that the person has sufficient English language 
 15.29  capabilities to become suitably employed.  
 15.30     If, as of July 1, 1996, the other caretaker is enrolled in 
 15.31  a post-secondary education or training program that is limited 
 15.32  to one year and can reasonably be expected to lead to 
 15.33  employment, that caretaker is exempt from job search and work 
 15.34  experience for a period of one year or until the caretaker stops 
 15.35  attending the post-secondary program, whichever is shorter. 
 15.36     Sec. 14.  Minnesota Statutes 1996, section 256.035, 
 16.1   subdivision 2a, is amended to read: 
 16.2      Subd. 2a.  [GOOD CAUSE.] The county agency shall not impose 
 16.3   the sanction in subdivision 3 if it determines that the parental 
 16.4   caregiver has good cause for not meeting the expectations of 
 16.5   developing and complying with the terms of a family support 
 16.6   agreement developed with the county agency.  Good cause exists 
 16.7   when and caregiver may revise the plan if: 
 16.8      (1) needed child care is not available; 
 16.9      (2) the job does not meet the definition of suitable 
 16.10  employment in section 256.032, subdivision 11a; 
 16.11     (3) the parental caregiver is ill or injured; 
 16.12     (4) a family member is ill and needs care by the parental 
 16.13  caregiver that prevents the parental caregiver from complying 
 16.14  with the family support agreement; 
 16.15     (5) the parental caregiver is unable to secure the 
 16.16  necessary transportation; 
 16.17     (6) the parental caregiver is in an emergency situation 
 16.18  which prevents compliance with the family support agreement; 
 16.19     (7) the schedule of compliance with the family support 
 16.20  agreement conflicts with judicial proceedings; 
 16.21     (8) the parental caregiver is already participating in 
 16.22  acceptable activities; 
 16.23     (9) the family support agreement requires an educational 
 16.24  program for a parent under age 20, but the educational program 
 16.25  is not offered in the school district; 
 16.26     (10) activities identified in the family support agreement 
 16.27  are not available; 
 16.28     (11) the parental caregiver is willing to accept suitable 
 16.29  employment as defined in section 256.032, subdivision 11a, but 
 16.30  employment is not available; or 
 16.31     (12) the parental caregiver documents other verifiable 
 16.32  impediments to compliance with the family support agreement 
 16.33  beyond the parental caregiver's control. 
 16.34     Sec. 15.  Minnesota Statutes 1996, section 256.035, 
 16.35  subdivision 5, is amended to read: 
 16.36     Subd. 5.  [ORIENTATION.] The county agency must provide 
 17.1   orientation which supplies information to caregivers about the 
 17.2   Minnesota family investment plan family antipoverty program, and 
 17.3   must encourage parental caregivers to engage in activities to 
 17.4   stabilize the family and lead to employment and self-support. 
 17.5      Sec. 16.  Minnesota Statutes 1996, section 256.035, 
 17.6   subdivision 6a, is amended to read: 
 17.7      Subd. 6a.  [CASE MANAGEMENT SERVICES.] (a) The county 
 17.8   agency will provide case management services to caregivers 
 17.9   required who want to develop and comply participate with a 
 17.10  family support agreement as provided in subdivision 1.  For 
 17.11  minor parents, the responsibility of the case manager shall be 
 17.12  as defined in section 256.736, subdivision 3b.  Sanctions for 
 17.13  failing to develop or comply with the terms of a family support 
 17.14  agreement shall be imposed according to subdivision 3.  When a 
 17.15  minor parent reaches age 17, or earlier if determined necessary 
 17.16  by the social service agency, the minor parent shall be referred 
 17.17  for case management services.  
 17.18     (b) Case managers shall provide the following services: 
 17.19     (1) the case manager shall provide or arrange for an 
 17.20  assessment of the family and caregiver's needs, interests, and 
 17.21  abilities according to section 256.736, subdivision 11, 
 17.22  paragraph (a), clause (1); 
 17.23     (2) the case manager shall coordinate services according to 
 17.24  section 256.736, subdivision 11, paragraph (a), clause (3); 
 17.25     (3) the case manager shall develop an employability plan 
 17.26  according to subdivision 6b; 
 17.27     (4) the case manager shall develop a family support 
 17.28  agreement according to subdivision 6c; and 
 17.29     (5) the case manager shall monitor assist the caregiver's 
 17.30  compliance participation with the employability plan and the 
 17.31  family support agreement as required by the commissioner.  
 17.32     (c) Case management counseling and personal assistance 
 17.33  services may continue for up to six months following the 
 17.34  caregiver's achievement of employment goals.  Funds for specific 
 17.35  employment and training services may be expended for up to 90 
 17.36  days after the caregiver loses eligibility for financial 
 18.1   assistance. 
 18.2      Sec. 17.  Minnesota Statutes 1996, section 256.035, 
 18.3   subdivision 6c, is amended to read: 
 18.4      Subd. 6c.  [FAMILY SUPPORT AGREEMENT.] (a) The family 
 18.5   support agreement is the enforceable a voluntary component of 
 18.6   the employability plan as described in subdivision 6b and 
 18.7   section 256.736, subdivision 10, paragraph (a), clause (15).  A 
 18.8   parental caregiver's failure to comply with any part of the 
 18.9   family support agreement without good cause as provided in 
 18.10  subdivision 2a is subject to sanction as provided in subdivision 
 18.11  3. 
 18.12     (b) A family support agreement must may identify the 
 18.13  parental caregiver's employment goal or goals and outline the 
 18.14  steps which the parental caregiver and case manager mutually 
 18.15  determined are necessary to achieve each goal.  Activities are 
 18.16  limited to: 
 18.17     (1) employment; 
 18.18     (2) employment and training activities; or 
 18.19     (3) education up to a baccalaureate degree as a first 
 18.20  choice. 
 18.21     (c) A family support agreement shall include only those 
 18.22  activities described in paragraph (b).  Social services or 
 18.23  activities, such as mental health or chemical dependency 
 18.24  services, parenting education, or budget management, can be 
 18.25  included in the employability plan and not in the family support 
 18.26  agreement and are not subject to a sanction under subdivision 3. 
 18.27     (d) For a parental caregiver whose employability plan is 
 18.28  composed entirely of services described in paragraph (c), the 
 18.29  family support agreement shall designate a date for reassessment 
 18.30  of the activities needed to reach the parental caregiver's 
 18.31  employment goal and this date shall be considered as the content 
 18.32  of the family support agreement.  The parental caregiver and 
 18.33  case manager shall meet at least semiannually to review and 
 18.34  revise the family support agreement. 
 18.35     (e) The family support agreement must identify the services 
 18.36  that the county agency will provide to the family to enable the 
 19.1   parental caregiver to comply participate with the family support 
 19.2   agreement, including support services such as transportation and 
 19.3   child care. 
 19.4      (f) The family support agreement must may state 
 19.5   expectations of the parental caregiver's obligations and the 
 19.6   conditions under which the county agency will recommend a 
 19.7   sanction be applied to the grant and withdraw the 
 19.8   services caregiver. 
 19.9      (g) The family support agreement will specify a date for 
 19.10  completion of activities leading to the employment goal.  
 19.11     (h) The family support agreement must be signed and dated 
 19.12  by the case manager and parental caregiver.  In all cases, the 
 19.13  case manager must assist the parental caregiver in reviewing and 
 19.14  understanding the family support agreement and must assist the 
 19.15  caregiver in setting realistic goals in the agreement which are 
 19.16  consistent with the ultimate goal of financial support for the 
 19.17  caregiver's family.  The case manager must inform the caregiver 
 19.18  of the right to seek conciliation as provided in subdivision 6e. 
 19.19     (i) The caregiver may revise the family support agreement 
 19.20  with the case manager when good cause indicates revision is 
 19.21  warranted needed.  Revisions for reasons other than good cause 
 19.22  to employment goals or steps toward self-support may be made in 
 19.23  the first six months after the signing of the family support 
 19.24  agreement with the approval of the case manager.  After that, 
 19.25  the revision must be approved by the case management supervisor 
 19.26  or other persons responsible for review of case management 
 19.27  decisions at the participant's request. 
 19.28     Sec. 18.  [256.037] [FOOD SUPPLEMENT.] 
 19.29     (a) Until the federal government restores food stamps to 
 19.30  noncitizens, noncitizens who do not meet one of the exemptions 
 19.31  in section 412 of the Personal Responsibility and Work 
 19.32  Opportunity Reconciliation Act of 1996, and who would have been 
 19.33  eligible for food stamps prior to guidelines under Public Law 
 19.34  Number 104-193, or are receiving cash assistance under the AFDC, 
 19.35  FGA, MFIP, SSI, or FAPP programs are eligible for the maximum 
 19.36  value of food stamps for the same family size and composition 
 20.1   until FAPP is operative in the noncitizen's county of financial 
 20.2   responsibility and thereafter, the food portion of FAPP, or for 
 20.3   people not on FAPP, the amount they would have been eligible for 
 20.4   food stamps prior to guidelines under Public Law Number 104-193. 
 20.5      (b) Until the federal government restores food stamps to 
 20.6   unemployed, nonparenting adults, those who became ineligible for 
 20.7   food stamps because of federal time limits are eligible for cash 
 20.8   in the amount equal to what they would have received in food 
 20.9   stamps prior to guidelines under Public Law Number 104-193.  
 20.10     Sec. 19.  [256.038] [GENERAL CITIZENSHIP REQUIREMENTS.] 
 20.11     (a) To be eligible for AFDC or FAPP, whichever is in 
 20.12  effect, a member of the assistance unit must be a citizen of the 
 20.13  United States, a qualified noncitizen as defined in section 
 20.14  256J.08, or a noncitizen who is otherwise residing in the United 
 20.15  States. 
 20.16     (b) A qualified noncitizen who entered the United States on 
 20.17  or after August 22, 1996, is eligible for FAPP.  However, TANF 
 20.18  dollars cannot be used to fund the FAPP benefits for an 
 20.19  individual under this paragraph for a period of five years after 
 20.20  the date of entry unless the qualified noncitizen meets one of 
 20.21  the following criteria: 
 20.22     (1) was admitted to the United States as a refugee under 
 20.23  United States Code, title 8, section 1157; 
 20.24     (2) was granted asylum under United States Code, title 8, 
 20.25  section 1158; 
 20.26     (3) was granted withholding of deportation under the United 
 20.27  States Code, title 8, section 1253(h); 
 20.28     (4) is a veteran of the United States Armed Forces with an 
 20.29  honorable discharge for a reason other than noncitizen status, 
 20.30  or is a spouse or unmarried minor dependent child of the same; 
 20.31  or 
 20.32     (5) is an individual on active duty in the United States 
 20.33  Armed Forces, other than for training, or is a spouse or 
 20.34  unmarried minor dependent child of the same. 
 20.35     (c) A person who is not a qualified noncitizen but who is 
 20.36  otherwise residing lawfully in the United States is eligible for 
 21.1   FAPP.  However, TANF dollars cannot be used to fund the FAPP 
 21.2   benefits for an individual under this paragraph. 
 21.3      Sec. 20.  [256.039] [WAIVER.] 
 21.4      The commissioner of human services shall seek a waiver to 
 21.5   provide benefits under FAPP, MA, GAMC, GA, MSA food stamps for 
 21.6   persons who do not meet the citizen requirements under section 
 21.7   256B.06, subdivision 4.  Until the waiver is granted, the 
 21.8   commissioner shall use state funds wherever allowable to provide 
 21.9   assistance to those persons. 
 21.10     Sec. 21.  [256.040] [STATE SUPPLEMENT.] 
 21.11     Any family or person on assistance who reaches the federal 
 21.12  60 month limitation funded in whole or in part by TANF dollars 
 21.13  shall be funded under state dollars.  
 21.14     Sec. 22.  Minnesota Statutes 1997 Supplement, section 
 21.15  256B.0635, is amended to read: 
 21.16     256B.0635 [CONTINUED ELIGIBILITY IN SPECIAL CIRCUMSTANCES.] 
 21.17     Subdivision 1.  [INCREASED EMPLOYMENT.] Beginning January 
 21.18  1, 1998, medical assistance may be paid for persons who received 
 21.19  MFIP-S FAPP or medical assistance for families and children in 
 21.20  at least three of six months preceding the month in which the 
 21.21  person became ineligible for MFIP-S FAPP or medical assistance, 
 21.22  if the ineligibility was due to an increase in hours of 
 21.23  employment or employment income or due to the loss of an earned 
 21.24  income disregard.  In addition, to receive continued assistance 
 21.25  under this section, persons who received medical assistance for 
 21.26  families and children but did not receive MFIP-S FAPP must have 
 21.27  had income less than or equal to the assistance standard for 
 21.28  their family size under the state's AFDC plan in effect as of 
 21.29  July 16, 1996, as required by the Personal Responsibility and 
 21.30  Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 
 21.31  Number 104-193, at the time medical assistance eligibility 
 21.32  began.  A person who is eligible for extended medical assistance 
 21.33  is entitled to six months two years of assistance without 
 21.34  reapplication, unless the assistance unit ceases to include a 
 21.35  dependent child.  For a person under 21 years of age, medical 
 21.36  assistance may not be discontinued within the six-month period 
 22.1   of extended eligibility until it has been determined that the 
 22.2   person is not otherwise eligible for medical assistance.  
 22.3   Medical assistance may be continued for an additional six months 
 22.4   if the person meets all requirements for the additional six 
 22.5   months, according to title XIX of the Social Security Act, as 
 22.6   amended by section 303 of the Family Support Act of 1988, Public 
 22.7   Law Number 100-485. 
 22.8      Subd. 2.  [INCREASED CHILD OR SPOUSAL SUPPORT.] Beginning 
 22.9   January 1, 1998, medical assistance may be paid for persons who 
 22.10  received MFIP-S FAPP or medical assistance for families and 
 22.11  children in at least three of the six months preceding the month 
 22.12  in which the person became ineligible for MFIP-S FAPP or medical 
 22.13  assistance, if the ineligibility was the result of the 
 22.14  collection of child or spousal support under part D of title IV 
 22.15  of the Social Security Act.  In addition, to receive continued 
 22.16  assistance under this section, persons who received medical 
 22.17  assistance for families and children but did not receive MFIP-S 
 22.18  FAPP must have had income less than or equal to the assistance 
 22.19  standard for their family size under the state's AFDC plan in 
 22.20  effect as of July 16, 1996, as required by the Personal 
 22.21  Responsibility and Work Opportunity Reconciliation Act of 1996 
 22.22  (PRWORA), Public Law Number 104-193, at the time medical 
 22.23  assistance eligibility began.  A person who is eligible for 
 22.24  extended medical assistance under this subdivision is entitled 
 22.25  to four months two years of assistance without reapplication, 
 22.26  unless the assistance unit ceases to include a dependent child.  
 22.27  For a person under 21 years of age, medical assistance may not 
 22.28  be discontinued within the four-month period of extended 
 22.29  eligibility until it has been determined that the person is not 
 22.30  otherwise eligible for medical assistance. 
 22.31     Sec. 23.  Minnesota Statutes 1997 Supplement, section 
 22.32  256D.05, subdivision 1, is amended to read: 
 22.33     Subdivision 1.  [ELIGIBILITY.] (a) Each assistance unit 
 22.34  with income and resources less than the standard of assistance 
 22.35  established by the commissioner and with a member who is a 
 22.36  resident of the state shall be eligible for and entitled to 
 23.1   general assistance if the assistance unit is: 
 23.2      (1) a person who is suffering from a professionally 
 23.3   certified permanent or temporary illness, injury, or incapacity 
 23.4   which is expected to continue for more than 30 days and which 
 23.5   prevents the person from obtaining or retaining employment; 
 23.6      (2) a person whose presence in the home on a substantially 
 23.7   continuous basis is required because of the professionally 
 23.8   certified illness, injury, incapacity, or the age of another 
 23.9   member of the household; 
 23.10     (3) a person who has been placed in, and is residing in, a 
 23.11  licensed or certified facility for purposes of physical or 
 23.12  mental health or rehabilitation, or in an approved chemical 
 23.13  dependency domiciliary facility, if the placement is based on 
 23.14  illness or incapacity and is according to a plan developed or 
 23.15  approved by the county agency through its director or designated 
 23.16  representative; 
 23.17     (4) a person who resides in a shelter facility described in 
 23.18  subdivision 3; 
 23.19     (5) a person not described in clause (1) or (3) who is 
 23.20  diagnosed by a licensed physician, psychological practitioner, 
 23.21  or other qualified professional, as mentally retarded or 
 23.22  mentally ill, and that condition prevents the person from 
 23.23  obtaining or retaining employment; 
 23.24     (6) a person who has an application pending for, or is 
 23.25  appealing termination of benefits from, the social security 
 23.26  disability program or the program of supplemental security 
 23.27  income for the aged, blind, and disabled, provided the person 
 23.28  has a professionally certified permanent or temporary illness, 
 23.29  injury, or incapacity which is expected to continue for more 
 23.30  than 30 days and which prevents the person from obtaining or 
 23.31  retaining employment; 
 23.32     (7) a person who is unable to obtain or retain employment 
 23.33  because advanced age significantly affects the person's ability 
 23.34  to seek or engage in substantial work; 
 23.35     (8) a person who has been assessed by a vocational 
 23.36  specialist and, in consultation with the county agency, has been 
 24.1   determined to be unemployable for purposes of this clause; a 
 24.2   person is considered employable if there exist positions of 
 24.3   employment in the local labor market, regardless of the current 
 24.4   availability of openings for those positions, that the person is 
 24.5   capable of performing.  The person's eligibility under this 
 24.6   category must be reassessed at least annually.  The county 
 24.7   agency must provide notice to the person not later than 30 days 
 24.8   before annual eligibility under this item ends, informing the 
 24.9   person of the date annual eligibility will end and the need for 
 24.10  vocational assessment if the person wishes to continue 
 24.11  eligibility under this clause.  For purposes of establishing 
 24.12  eligibility under this clause, it is the applicant's or 
 24.13  recipient's duty to obtain any needed vocational assessment; 
 24.14     (9) a person who is determined by the county agency, 
 24.15  according to permanent rules adopted by the commissioner, to be 
 24.16  learning disabled, provided that if a rehabilitation plan for 
 24.17  the person is developed or approved by the county agency, the 
 24.18  person is following the plan; 
 24.19     (10) a child under the age of 18 who is not living with a 
 24.20  parent, stepparent, or legal custodian, and only if:  the child 
 24.21  is legally emancipated or living with an adult with the consent 
 24.22  of an agency acting as a legal custodian; the child is at least 
 24.23  16 years of age and the general assistance grant is approved by 
 24.24  the director of the county agency or a designated representative 
 24.25  as a component of a social services case plan for the child; or 
 24.26  the child is living with an adult with the consent of the 
 24.27  child's legal custodian and the county agency.  For purposes of 
 24.28  this clause, "legally emancipated" means a person under the age 
 24.29  of 18 years who:  (i) has been married; (ii) is on active duty 
 24.30  in the uniformed services of the United States; (iii) has been 
 24.31  emancipated by a court of competent jurisdiction; or (iv) is 
 24.32  otherwise considered emancipated under Minnesota law, and for 
 24.33  whom county social services has not determined that a social 
 24.34  services case plan is necessary, for reasons other than the 
 24.35  child has failed or refuses to cooperate with the county agency 
 24.36  in developing the plan; 
 25.1      (11) until March 31, 1998, a woman in the last trimester of 
 25.2   pregnancy who does not qualify for aid to families with 
 25.3   dependent children.  A woman who is in the last trimester of 
 25.4   pregnancy who is currently receiving aid to families with 
 25.5   dependent children may be granted emergency general assistance 
 25.6   to meet emergency needs; 
 25.7      (12) a person who is eligible for displaced homemaker 
 25.8   services, programs, or assistance under section 268.96, but only 
 25.9   if that person is enrolled as a full-time student; 
 25.10     (13) a person who lives more than four hours round-trip 
 25.11  traveling time from any potential suitable employment; 
 25.12     (14) a person who is involved with protective or 
 25.13  court-ordered services that prevent the applicant or recipient 
 25.14  from working at least four hours per day; 
 25.15     (15)(i) until March 31, 1998, a family as defined in 
 25.16  section 256D.02, subdivision 5, which is ineligible for the aid 
 25.17  to families with dependent children program; 
 25.18     (ii) unless exempt under section 256D.051, subdivision 3a, 
 25.19  each adult in the unit must participate in and cooperate with 
 25.20  the food stamp employment and training program under section 
 25.21  256D.051 each month that the unit receives general assistance 
 25.22  benefits.  The recipient's participation must begin no later 
 25.23  than the first day of the first full month following the 
 25.24  determination of eligibility for general assistance benefits.  
 25.25  To the extent of available resources, and with the county 
 25.26  agency's consent, the recipient may voluntarily continue to 
 25.27  participate in food stamp employment and training services for 
 25.28  up to three additional consecutive months immediately following 
 25.29  termination of general assistance benefits in order to complete 
 25.30  the provisions of the recipient's employability development 
 25.31  plan.  If an adult member fails without good cause to 
 25.32  participate in or cooperate with the food stamp employment and 
 25.33  training program, the county agency shall concurrently terminate 
 25.34  that person's eligibility for general assistance and food stamps 
 25.35  using the notice, good cause, conciliation and termination 
 25.36  procedures specified in section 256D.051; 
 26.1      (16) a person over age 18 whose primary language is not 
 26.2   English and who is attending high school at least half time; or 
 26.3      (17) a person whose alcohol and drug addiction is a 
 26.4   material factor that contributes to the person's disability; 
 26.5   applicants who assert this clause as a basis for eligibility 
 26.6   must be assessed by the county agency to determine if they are 
 26.7   amenable to treatment; if the applicant is determined to be not 
 26.8   amenable to treatment, but is otherwise eligible for benefits, 
 26.9   then general assistance must be paid in vendor form, for the 
 26.10  individual's shelter costs up to the limit of the grant amount, 
 26.11  with the residual, if any, paid according to section 256D.09, 
 26.12  subdivision 2a; if the applicant is determined to be amenable to 
 26.13  treatment, then in order to receive benefits, the applicant must 
 26.14  be in a treatment program or on a waiting list and the benefits 
 26.15  must be paid in vendor form, for the individual's shelter costs, 
 26.16  up to the limit of the grant amount, with the residual, if any, 
 26.17  paid according to section 256D.09, subdivision 2a. 
 26.18     (b) As a condition of eligibility under paragraph (a), 
 26.19  clauses (1), (3), (5), (8), and (9), the recipient must complete 
 26.20  an interim assistance agreement and must apply for other 
 26.21  maintenance benefits as specified in section 256D.06, 
 26.22  subdivision 5, and must comply with efforts to determine the 
 26.23  recipient's eligibility for those other maintenance benefits.  
 26.24     (c) The burden of providing documentation for a county 
 26.25  agency to use to verify eligibility for general assistance or 
 26.26  for exemption from the food stamp employment and training 
 26.27  program is upon the applicant or recipient.  The county agency 
 26.28  shall use documents already in its possession to verify 
 26.29  eligibility, and shall help the applicant or recipient obtain 
 26.30  other existing verification necessary to determine eligibility 
 26.31  which the applicant or recipient does not have and is unable to 
 26.32  obtain; or 
 26.33     (18) a person who is otherwise unable to find living wage 
 26.34  employment as defined by 150 percent of the poverty level. 
 26.35     Sec. 24.  Laws 1997, chapter 85, article 3, section 3, is 
 26.36  amended to read: 
 27.1      Sec. 3.  Minnesota Statutes 1996, section 256.033, 
 27.2   subdivision 1a, is amended to read: 
 27.3      Subd. 1a.  [TREATMENT OF INCOME FOR THE PURPOSES OF 
 27.4   CONTINUED ELIGIBILITY.] To help families during their transition 
 27.5   from the Minnesota family investment plan to self-sufficiency, 
 27.6   the following income supports are available: 
 27.7      (a) The $30 and one-third and $90 disregards allowed under 
 27.8   section 256.74, subdivision 1, and the 20 percent earned income 
 27.9   deduction allowed under the federal Food Stamp Act of 1977, as 
 27.10  amended, are replaced with a single disregard of not less than 
 27.11  35 percent of gross earned income to cover taxes and other 
 27.12  work-related expenses and to reward the earning of income.  This 
 27.13  single disregard is available for the entire time a family 
 27.14  receives assistance through the Minnesota family investment plan.
 27.15     (b) The dependent care deduction, as prescribed under 
 27.16  section 256.74, subdivision 1, and United States Code, title 7, 
 27.17  section 2014(e), is replaced for families with earned income who 
 27.18  need assistance with dependent care with an entitlement to a 
 27.19  dependent care subsidy from money appropriated for the Minnesota 
 27.20  family investment plan. 
 27.21     (c) The family wage level, as defined in section 256.032, 
 27.22  subdivision 8, allows families to supplement earned income with 
 27.23  assistance received through the Minnesota family investment 
 27.24  plan.  If, after earnings are adjusted according to the 
 27.25  disregard described in paragraph (a), earnings have raised 
 27.26  family income to a level equal to or greater than the family 
 27.27  wage level, the amount of assistance received through the 
 27.28  Minnesota family investment plan must be reduced. 
 27.29     (d) The first $50 of any timely support payment for a month 
 27.30  received by the public agency responsible for child support 
 27.31  enforcement shall be paid to the family and disregarded in 
 27.32  determining eligibility and the amount of assistance in 
 27.33  accordance with United States Code, title 42, sections 
 27.34  602(a)(8)(A)(vi) and 657(b)(1).  This paragraph applies 
 27.35  regardless of whether the caregiver is in transitional status, 
 27.36  is exempt from developing or complying with the terms of a 
 28.1   family support agreement, or has had a sanction imposed under 
 28.2   subdivision 3.  
 28.3      Sec. 25.  [INSTRUCTION TO REVISOR.] 
 28.4      The revisor shall substitute family antipoverty program for 
 28.5   references to Minnesota family investment plan and family 
 28.6   investment plan whenever they occur in Minnesota Statutes, 
 28.7   sections 256.031 to 256.0631, except for those references 
 28.8   relating to field trials or test group.  
 28.9      Sec. 26.  [REPEALER.] 
 28.10     (a) Minnesota Statutes 1996, sections 256.031, subdivision 
 28.11  3; 256.033, subdivision 6; 256.035, subdivisions 2, 3, 6d, and 
 28.12  6e; 256.047; 256.0475; and 256.048, are repealed.  
 28.13     (b) Minnesota Statutes 1997 Supplement, sections 256D.02, 
 28.14  subdivision 12a; 256D.051, subdivision 18; 256D.066; 256J.01; 
 28.15  256J.02; 256J.03; 256J.06; 256J.08; 256J.09; 256J.10; 256J.11, 
 28.16  as amended by Laws 1997, Third Special Session chapter 1, 
 28.17  section 1; 256J.12; 256J.13; 256J.14; 256J.15; 256J.20; 256J.21; 
 28.18  256J.24; 256J.25; 256J.26; 256J.28; 256J.30; 256J.31; 256J.315; 
 28.19  256J.32; 256J.33; 256J.34; 256J.35; 256J.36; 256J.37; 256J.38; 
 28.20  256J.39; 256J.395; 256J.396; 256J.40; 256J.42; 256J.43; 256J.44; 
 28.21  256J.45; 256J.46; 256J.47; 256J.48; 256J.49; 256J.50; 256J.51; 
 28.22  256J.515; 256J.52; 256J.53; 256J.54; 256J.55; 256J.56; 256J.57; 
 28.23  256J.61; 256J.62; 256J.645; 256J.65; 256J.66; 256J.67; 256J.68; 
 28.24  256J.69; 256J.72; 256J.74; 256J.75; 256J.76; 256K.01; 256K.015; 
 28.25  256K.02; 256K.03; 256K.04; 256K.05; 256K.06; 256K.07; 256K.08; 
 28.26  and 256K.09, are repealed. 
 28.27     (c) Laws 1997, chapter 85, article 1, sections 64, 67, and 
 28.28  71; and article 3, section 54, are repealed.