SF 1877

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 06/15/2012 02:19pm

A bill for an act
relating to human services; preventing welfare fraud; amending Minnesota
Statutes 2010, section 256.01, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2010, section 256.01, is amended by adding a
subdivision to read:

new text begin Subd. 18d. new text end

new text begin Drug convictions. new text end

new text begin (a) The state court administrator shall provide a
report every six months by electronic means to the commissioner of human services
including the name, address, date of birth, and, if available, driver's license or state
identification card number, date of sentence, effective date of the sentence, and county in
which the conviction occurred of each person convicted of a felony under chapter 152
during the previous six months.
new text end

new text begin (b) The commissioner shall determine whether the individuals who are the subject of
the data reported under paragraph (a) are receiving public assistance under chapter 256D
or 256J, and if the individual is receiving assistance under chapter 256D or 256J, the
commissioner shall instruct the county to proceed under section 256D.024 or 256J.26,
whichever is applicable, for this individual.
new text end

new text begin (c) The commissioner shall not retain any data received under paragraph (a) or (d)
that does not relate to an individual receiving publicly funded assistance under chapter
256D or 256J.
new text end

new text begin (d) In addition to the routine data transfer under paragraph (a), the state court
administrator shall provide a onetime report of the data fields under paragraph (a) for
individuals with a felony drug conviction under chapter 152 dated from July 1, 1997, until
the date of the data transfer. The commissioner shall perform the tasks identified under
paragraph (b) related to this data and shall retain the data according to paragraph (c).
new text end

Sec. 2.

Minnesota Statutes 2010, section 256.01, is amended by adding a subdivision
to read:

new text begin Subd. 18e. new text end

new text begin Data sharing with the Department of Human Services; multiple
identification cards. new text end

new text begin (a) The commissioner of public safety shall, on a monthly basis,
provide the commissioner of human services with the first, middle, and last name,
the address, date of birth, and driver's license or state identification card number of all
applicants and holders whose drivers' licenses and state identification cards have been
canceled under section 171.14, paragraph (a), clauses (2) or (3), by the commissioner of
public safety. After the initial data report has been provided by the commissioner of
public safety to the commissioner of human services under this paragraph, subsequent
reports shall only include cancellations that occurred after the end date of the cancellations
represented in the previous data report.
new text end

new text begin (b) The commissioner of human services shall compare the information provided
under paragraph (a) with the commissioner's data regarding recipients of all public
assistance programs managed by the Department of Human Services to determine whether
any person with multiple identification cards issued by the Department of Public Safety
has illegally or improperly enrolled in any public assistance program managed by the
Department of Human Services.
new text end

new text begin (c) If the commissioner of human services determines that an applicant or recipient
has illegally or improperly enrolled in any public assistance program, the commissioner
shall provide all due process protections to the individual before terminating the individual
from the program according to applicable statute and notifying the county attorney.
new text end

Sec. 3.

Minnesota Statutes 2010, section 256.01, is amended by adding a subdivision
to read:

new text begin Subd. 18f. new text end

new text begin Data sharing with the Department of Human Services; legal presence
status. new text end

new text begin (a) The commissioner of public safety shall, on a monthly basis, provide the
commissioner of human services with the first, middle, and last name, address, date of
birth, and driver's license or state identification number of all applicants and holders of
drivers' licenses and state identification cards whose temporary legal presence status has
expired and whose driver's license or identification card has been canceled under section
171.14 by the commissioner of public safety.
new text end

new text begin (b) The commissioner of human services shall use the information provided under
paragraph (a) to determine whether the eligibility of any recipients of public assistance
programs managed by the Department of Human Services has changed as a result of the
status change in the Department of Public Safety data.
new text end

new text begin (c) If the commissioner of human services determines that a recipient has illegally or
improperly received benefits from any public assistance program, the commissioner shall
provide all due process protections to the individual before terminating the individual from
the program according to applicable statute and notifying the county attorney.
new text end

Sec. 4. new text begin DIRECTIONS TO THE COMMISSIONER.
new text end

new text begin The commissioner of human services, in consultation with the commissioner of
public safety, shall report to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services policy and finance regarding
the implementation of sections 1 to 3, the number of persons affected, and fiscal impact by
program by April 1, 2013.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective January 1, 2013.
new text end