HF 2081

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/05/2012 03:37pm

A bill for an act
relating to human services; modifying electronic benefit transfer cards; regulating
use of electronic benefit transfer cards; amending Minnesota Statutes 2011
Supplement, section 256.987, subdivisions 1, 2, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2011 Supplement, section 256.987, subdivision 1,
is amended to read:

Subdivision 1.

Electronic benefit transfer (EBT) card.

Cash benefits for the
general assistance and Minnesota supplemental aid programs under chapter 256D and
programs under chapter 256J must be issued on deleted text begin a separate deleted text end new text begin an new text end EBT card with the name of
the head of household printed on the card. The card must include the following statement:
"It is unlawful to use this card to purchase tobacco products or alcoholic beverages." This
card must be issued within 30 calendar days of an eligibility determination. During the
initial 30 calendar days of eligibility, a recipient may have cash benefits issued on an EBT
card without a name printed on the card. This card may be the same card on which food
support benefits are issued and does not need to meet the requirements of this section.

Sec. 2.

Minnesota Statutes 2011 Supplement, section 256.987, subdivision 2, is
amended to read:

Subd. 2.

Prohibited purchases.

new text begin An individual with an new text end EBT deleted text begin debit cardholders in deleted text end new text begin
card issued for one of the new text end programs listed under subdivision 1 deleted text begin are deleted text end new text begin is new text end prohibited from using
the EBT debit card to purchase tobacco products and alcoholic beverages, as defined in
section 340A.101, subdivision 2. deleted text begin It is unlawful for an EBT cardholder to purchase or
attempt to purchase tobacco products or alcoholic beverages with the cardholder's EBT
card. deleted text end Any deleted text begin unlawful use deleted text end new text begin prohibited purchases made new text end under this subdivision shall constitute
deleted text begin fraud deleted text end new text begin unlawful use new text end and result in disqualification new text begin of the cardholder new text end from the program deleted text begin under
section 256.98, subdivision 8 deleted text end new text begin as provided in subdivision 4 new text end .

Sec. 3.

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 EBT use restricted to certain states. new text end

new text begin EBT debit cardholders in programs
listed under subdivision 1 are prohibited from using the cash portion of the EBT card at
vendors and automatic teller machines located outside of Minnesota, Iowa, North Dakota,
South Dakota, or Wisconsin. This subdivision does not apply to the food portion.
new text end

Sec. 4.

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

new text begin Subd. 4. new text end

new text begin Disqualification. new text end

new text begin (a) Any person found to be guilty of purchasing tobacco
products or alcoholic beverages with their EBT debit card by a federal or state court or
by an administrative hearing determination, or waiver thereof, through a disqualification
consent agreement, or as part of any approved diversion plan under section 401.065, or
any court-ordered stay which carries with it any probationary or other conditions, in
the: (1) Minnesota family investment program and any affiliated program to include
the diversionary work program and the work participation cash benefit program under
chapter 256J; (2) general assistance program under chapter 256D; or (3) Minnesota
supplemental aid program under chapter 256D, shall be permanently disqualified from
all of the listed programs.
new text end

new text begin (b) The needs of the disqualified individual shall not be taken into consideration in
determining the grant level for that assistance unit.
new text end

new text begin (c) Program disqualification shall begin on the date stipulated on the advance
notice of disqualification without possibility for postponement for administrative stay or
administrative hearing and shall continue through completion unless and until the findings
upon which the sanctions were imposed are reversed by a court of competent jurisdiction.
The period for which sanctions are imposed is not subject to review.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2012.
new text end

Sec. 5. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "assistance transaction card" or
similar terms to "electronic benefit transaction" or similar terms wherever they appear in
Minnesota Statutes, chapter 256. The revisor may make changes necessary to correct the
punctuation, grammar, or structure of the remaining text and preserve its meaning.
new text end