SF 2562

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; allowing the state or 
  1.3             county to require an AFDC recipient to pick up their 
  1.4             checks; amending Minnesota Statutes 1995 Supplement, 
  1.5             section 256.81. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.8   256.81, is amended to read: 
  1.9      256.81 [COUNTY AGENCY, DUTIES.] 
  1.10     (1) The county agency shall keep such records, accounts, 
  1.11  and statistics in relation to aid to families with dependent 
  1.12  children as the state agency shall prescribe.  
  1.13     (2) Each grant of aid to families with dependent children 
  1.14  shall be paid to the recipient by the county agency unless paid 
  1.15  by the state agency.  Payment must be by check or electronic 
  1.16  means except in those instances in which the county agency, 
  1.17  subject to the rules of the state agency, determines that 
  1.18  payments for care shall be made to an individual other than the 
  1.19  parent or relative with whom the dependent child is living or to 
  1.20  vendors of goods and services for the benefit of the child 
  1.21  because such parent or relative is unable to properly manage the 
  1.22  funds in the best interests and welfare of the child.  There is 
  1.23  a presumption of mismanagement of funds whenever a recipient is 
  1.24  more than 30 days in arrears on payment of rent, except when the 
  1.25  recipient has withheld rent to enforce the recipient's right to 
  2.1   withhold the rent in accordance with federal, state, or local 
  2.2   housing laws.  In cases of mismanagement based solely on failure 
  2.3   to pay rent, the county may vendor the rent payments to the 
  2.4   landlord.  At the request of a recipient, the state or county 
  2.5   may make payments directly to vendors of goods and services, but 
  2.6   only for goods and services appropriate to maintain the health 
  2.7   and safety of the child, as determined by the county.  
  2.8      (3) The state or county may ask the recipient to give 
  2.9   written consent authorizing the state or county to provide 
  2.10  advance notice to a vendor before vendor payments of rent are 
  2.11  reduced or terminated.  Whenever possible under state and 
  2.12  federal laws and regulations and if the recipient consents, the 
  2.13  state or county shall provide at least 30 days notice to vendors 
  2.14  before vendor payments of rent are reduced or terminated.  If 30 
  2.15  days notice cannot be given, the state or county shall notify 
  2.16  the vendor within three working days after the date the state or 
  2.17  county becomes aware that vendor payments of rent will be 
  2.18  reduced or terminated.  When the county notifies a vendor that 
  2.19  vendor payments of rent will be reduced or terminated, the 
  2.20  county shall include in the notice that it is illegal to 
  2.21  discriminate on the grounds that a person is receiving public 
  2.22  assistance and the penalties for violation.  The county shall 
  2.23  also notify the recipient that it is illegal to discriminate on 
  2.24  the grounds that a person is receiving public assistance and the 
  2.25  procedures for filing a complaint.  The county agency may 
  2.26  develop procedures, including using the MAXIS system, to 
  2.27  implement vendor notice and may charge vendors a fee not 
  2.28  exceeding $5 to cover notification costs. 
  2.29     (4) A vendor payment arrangement is not a guarantee that a 
  2.30  vendor will be paid by the state or county for rent, goods, or 
  2.31  services furnished to a recipient, and the state and county are 
  2.32  not liable for any damages claimed by a vendor due to failure of 
  2.33  the state or county to pay or to notify the vendor on behalf of 
  2.34  a recipient, except under a specific written agreement between 
  2.35  the state or county and the vendor or when the state or county 
  2.36  has provided a voucher guaranteeing payment under certain 
  3.1   conditions.  
  3.2      (5) The county shall be paid from state and federal funds 
  3.3   available therefor there, for the amount provided for in section 
  3.4   256.82.  
  3.5      (6) Federal funds available for administrative purposes 
  3.6   shall be distributed between the state and the counties in the 
  3.7   same proportion that expenditures were made except as provided 
  3.8   for in section 256.017. 
  3.9      (7) The affected county may require that assistance paid 
  3.10  under the AFDC emergency assistance program in the form of a 
  3.11  rental unit damage deposit, less any amount retained by the 
  3.12  landlord to remedy a tenant's default in payment of rent or 
  3.13  other funds due to the landlord pursuant to a rental agreement, 
  3.14  or to restore the premises to the condition at the commencement 
  3.15  of the tenancy, ordinary wear and tear excepted, be returned to 
  3.16  the county when the individual vacates the premises or paid to 
  3.17  the recipient's new landlord as a vendor payment.  The vendor 
  3.18  payment of returned funds shall not be considered a new use of 
  3.19  emergency assistance. 
  3.20     (8) The state or county may require a recipient to pick up 
  3.21  their check each month.