Bill Text: MN HF171 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: MFIP electronic benefit transfers modified; photo identification required; and residency requirements changed for general assistance, general assistance medical care, and MFIP.
Sponsorship: Partisan Bill (Republican 26)
Status: (Introduced - Dead) 2011-03-17 - Committee report, to pass as amended and re-refer to Health and Human Services Finance [HF171 Detail]
Download: Minnesota-2011-HF171-Engrossed.html
1.2relating to human services; modifying MFIP electronic benefit transfers;
1.3requiring photo identification; changing residency requirements for general
1.4assistance, general assistance medical care, and MFIP;amending Minnesota
1.5Statutes 2010, sections 256D.02, subdivision 12a; 256J.12, subdivisions 1a, 2;
1.6proposing coding for new law in Minnesota Statutes, chapter 256; repealing
1.7Minnesota Statutes 2010, section 256.9862, subdivision 2.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [256.9870] ELECTRONIC BENEFIT TRANSFER DEBIT CARD.
1.10 Subdivision 1. Electronic benefit transfer or EBT debit card. (a) Electronic
1.11benefit transfer (EBT) debit cardholders in the general assistance program and the
1.12Minnesota supplemental aid program under chapter 256D and programs under chapter
1.13256J are prohibited from withdrawing cash from an automatic teller machine or receiving
1.14cash from vendors with the EBT debit card. The EBT debit card may only be used as a
1.15debit card.
1.16(b) Beginning July 1, 2011, cash benefits for programs listed under paragraph (a)
1.17must be issued on a separate EBT card with the head of household's name printed on the
1.18card. The card must also state that "It is unlawful to use this card to purchase tobacco
1.19products or alcoholic beverages." This card must be issued within 30 calendar days of
1.20an eligibility determination. During the initial 30 calendar days of eligibility, a recipient
1.21may have cash benefits issued on an EBT card without the recipient's name printed on the
1.22card. This card may be the same card on which food support is issued and does not need
1.23to meet the requirements of this section.
2.1(c) Notwithstanding paragraph (a), EBT cardholders may opt to have up to $20
2.2per month accessible via automatic teller machine or receive up to $20 cash back from
2.3a vendor.
2.4 Subd. 2. Photo identification. Retailers at a point-of-sale may request a photo
2.5identification card when an EBT card is presented for payment. It is unlawful for an EBT
2.6cardholder to allow another person to use the cardholder's card.
2.7 Subd. 3. Prohibited purchases. EBT debit cardholders in programs under
2.8subdivision 1 are prohibited from using the EBT debit card to purchase tobacco products
2.9and alcoholic beverages, as defined in section 340A.101, subdivision 2. It is unlawful for
2.10an EBT cardholder to purchase or attempt to purchase tobacco products or alcoholic
2.11beverages with the cardholder's EBT card.
2.12 Subd. 4. EBT use restricted to Minnesota vendors. EBT debit cardholders in
2.13programs under subdivision 1 are prohibited from using the EBT debit card at vendors
2.14located outside of Minnesota. This subdivision does not apply to the food portion.
2.15 Subd. 5. Fraud reports. Retailers who report to the commissioner substantiated
2.16incidents of EBT card fraud shall receive five percent of any recovered funds.
2.17 Sec. 2. Minnesota Statutes 2010, section 256D.02, subdivision 12a, is amended to read:
2.18 Subd. 12a. Resident. (a) For purposes of eligibility for general assistance and
2.19general assistance medical care, a person must be a resident of this state.
2.20(b) A "resident" is a person living in the state for at least30 90 days with the
2.21intention of making the person's home here and not for any temporary purpose. Time
2.22spent in a shelter for battered women shall count toward satisfying the30-day 90-day
2.23residency requirement. All applicants for these programs are required to demonstrate the
2.24requisite intent and can do so in any of the following ways:
2.25(1) by showing that the applicant maintains a residence at a verified address, other
2.26than a place of public accommodation. An applicant may verify a residence address by
2.27presenting a valid state driver's license, a state identification card, a voter registration card,
2.28a rent receipt, a statement by the landlord, apartment manager, or homeowner verifying
2.29that the individual is residing at the address, or other form of verification approved by
2.30the commissioner; or
2.31(2) by verifying residence according to Minnesota Rules, part 9500.1219, subpart
2.323, item C.
2.33(c) For general assistance medical care, a county agency shall waive the30-day
2.34 90-day residency requirement in cases of medical emergencies. For general assistance,
2.35a county shall waive the30-day 90-day residency requirement where unusual hardship
3.1would result from denial of general assistance. For purposes of this subdivision, "unusual
3.2hardship" means the applicant is without shelter or is without available resources for food.
3.3The county agency must report to the commissioner within 30 days on any waiver
3.4granted under this section. The county shall not deny an application solely because the
3.5applicant does not meet at least one of the criteria in this subdivision, but shall continue to
3.6process the application and leave the application pending until the residency requirement
3.7is met or until eligibility or ineligibility is established.
3.8(d) For purposes of paragraph (c), the following definitions apply (1) "metropolitan
3.9statistical area" is as defined by the United States Census Bureau; (2) "shelter" includes
3.10any shelter that is located within the metropolitan statistical area containing the county
3.11and for which the applicant is eligible, provided the applicant does not have to travel more
3.12than 20 miles to reach the shelter and has access to transportation to the shelter. Clause (2)
3.13does not apply to counties in the Minneapolis-St. Paul metropolitan statistical area.
3.14(e) Migrant workers as defined in section256J.08 and, until March 31, 1998, their
3.15immediate families are exempt from the residency requirements of this section, provided
3.16the migrant worker provides verification that the migrant family worked in this state
3.17within the last 12 months and earned at least $1,000 in gross wages during the time the
3.18migrant worker worked in this state.
3.19(f) For purposes of eligibility for emergency general assistance, the30-day 90-day
3.20residency requirement under this section shall not be waived.
3.21(g) If any provision of this subdivision is enjoined from implementation or found
3.22unconstitutional by any court of competent jurisdiction, the remaining provisions shall
3.23remain valid and shall be given full effect.
3.24 Sec. 3. Minnesota Statutes 2010, section 256J.12, subdivision 1a, is amended to read:
3.25 Subd. 1a.30-day 90-day residency requirement. An assistance unit is considered
3.26to have established residency in this state only when a child or caregiver has resided in this
3.27state for at least30 90 consecutive days with the intention of making the person's home
3.28here and not for any temporary purpose. The birth of a child in Minnesota to a member
3.29of the assistance unit does not automatically establish the residency in this state under
3.30this subdivision of the other members of the assistance unit. Time spent in a shelter for
3.31battered women shall count toward satisfying the30-day 90-day residency requirement.
3.32 Sec. 4. Minnesota Statutes 2010, section 256J.12, subdivision 2, is amended to read:
3.33 Subd. 2. Exceptions. (a) A county shall waive the30-day 90-day residency
3.34requirement where unusual hardship would result from denial of assistance.
4.1(b) For purposes of this section, unusual hardship means an assistance unit:
4.2(1) is without alternative shelter; or
4.3(2) is without available resources for food.
4.4(c) For purposes of this subdivision, the following definitions apply (1) "metropolitan
4.5statistical area" is as defined by the U.S. Census Bureau; (2) "alternative shelter" includes
4.6any shelter that is located within the metropolitan statistical area containing the county and
4.7for which the family is eligible, provided the assistance unit does not have to travel more
4.8than 20 miles to reach the shelter and has access to transportation to the shelter. Clause (2)
4.9does not apply to counties in the Minneapolis-St. Paul metropolitan statistical area.
4.10(d) Applicants are considered to meet the residency requirement under subdivision
4.111a if they once resided in Minnesota and:
4.12(1) joined the United States armed services, returned to Minnesota within 30 days of
4.13leaving the armed services, and intend to remain in Minnesota; or
4.14(2) left to attend school in another state, paid nonresident tuition or Minnesota
4.15tuition rates under a reciprocity agreement, and returned to Minnesota within 30 days of
4.16graduation with the intent to remain in Minnesota.
4.17(e) The30-day 90-day residence requirement is met when:
4.18(1) a minor child or a minor caregiver moves from another state to the residence of
4.19a relative caregiver; and
4.20(2) the relative caregiver has resided in Minnesota for at least30 90 consecutive
4.21days and:
4.22(i) the minor caregiver applies for and receives MFIP; or
4.23(ii) the relative caregiver applies for assistance for the minor child but does not
4.24choose to be a member of the MFIP assistance unit.
4.25 Sec. 5. REQUIREMENT FOR LIQUOR STORES, TOBACCO STORES,
4.26GAMBLING ESTABLISHMENTS, AND TATTOO PARLORS.
4.27Liquor stores, tobacco stores, gambling establishments, and tattoo parlors must
4.28negotiate with their third-party processors to block EBT cash transactions at their places
4.29of business and withdrawals of cash at automatic teller machines located in their places of
4.30business.
4.31 Sec. 6. MINNESOTA EBT BUSINESS TASK FORCE.
4.32 Subdivision 1. Members. The Minnesota EBT Business Task Force includes seven
4.33members, appointed as follows:
5.1(1) two members of the Minnesota house of representatives, one appointed by the
5.2speaker of the house and one appointed by the minority leader;
5.3(2) two members of the Minnesota senate, one appointed by the senate majority
5.4leader and one appointed by the senate minority leader;
5.5(3) the commissioner of human services, or designee;
5.6(4) an appointee of the Minnesota Grocers Association; and
5.7(5) a credit card processor, appointed by the commissioner of human services.
5.8 Subd. 2. Duties. The Minnesota EBT Business Task Force shall create a workable
5.9strategy to eliminate the purchase of tobacco and alcoholic beverages by recipients of the
5.10general assistance program and Minnesota supplemental aid program under Minnesota
5.11Statutes, chapter 256D, and programs under Minnesota Statutes, chapter 256J, using EBT
5.12cards. The task force will consider cost to the state, feasibility of execution at retail, and
5.13ease of use and privacy for EBT cardholders.
5.14 Subd. 3. Report. The task force will report back to the legislative committees with
5.15jurisdiction over health and human services policy and finance by April 1, 2012, with
5.16recommendations related to the task force duties under subdivision 2.
5.17 Subd. 4. Expiration. The task force expires on June 30, 2012.
5.18 Sec. 7. DIRECTION TO COMMISSIONER.
5.19The commissioner of human services shall issue a request for proposals for a
5.20third-party credit card processor who will prohibit the ability of EBT cards to be used to
5.21purchase tobacco products or alcoholic beverages. Based on responses to the request
5.22for proposals, the commissioner shall enter into a contract for the services specified in
5.23this section by October 1, 2011.
5.24EFFECTIVE DATE.This section is effective the day following final enactment.
5.25 Sec. 8. REPEALER.
5.26Minnesota Statutes 2010, section 256.9862, subdivision 2, is repealed.
1.3requiring photo identification; changing residency requirements for general
1.4assistance, general assistance medical care, and MFIP;amending Minnesota
1.5Statutes 2010, sections 256D.02, subdivision 12a; 256J.12, subdivisions 1a, 2;
1.6proposing coding for new law in Minnesota Statutes, chapter 256; repealing
1.7Minnesota Statutes 2010, section 256.9862, subdivision 2.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [256.9870] ELECTRONIC BENEFIT TRANSFER DEBIT CARD.
1.10 Subdivision 1. Electronic benefit transfer or EBT debit card. (a) Electronic
1.11benefit transfer (EBT) debit cardholders in the general assistance program and the
1.12Minnesota supplemental aid program under chapter 256D and programs under chapter
1.13256J are prohibited from withdrawing cash from an automatic teller machine or receiving
1.14cash from vendors with the EBT debit card. The EBT debit card may only be used as a
1.15debit card.
1.16(b) Beginning July 1, 2011, cash benefits for programs listed under paragraph (a)
1.17must be issued on a separate EBT card with the head of household's name printed on the
1.18card. The card must also state that "It is unlawful to use this card to purchase tobacco
1.19products or alcoholic beverages." This card must be issued within 30 calendar days of
1.20an eligibility determination. During the initial 30 calendar days of eligibility, a recipient
1.21may have cash benefits issued on an EBT card without the recipient's name printed on the
1.22card. This card may be the same card on which food support is issued and does not need
1.23to meet the requirements of this section.
2.1(c) Notwithstanding paragraph (a), EBT cardholders may opt to have up to $20
2.2per month accessible via automatic teller machine or receive up to $20 cash back from
2.3a vendor.
2.4 Subd. 2. Photo identification. Retailers at a point-of-sale may request a photo
2.5identification card when an EBT card is presented for payment. It is unlawful for an EBT
2.6cardholder to allow another person to use the cardholder's card.
2.7 Subd. 3. Prohibited purchases. EBT debit cardholders in programs under
2.8subdivision 1 are prohibited from using the EBT debit card to purchase tobacco products
2.9and alcoholic beverages, as defined in section 340A.101, subdivision 2. It is unlawful for
2.10an EBT cardholder to purchase or attempt to purchase tobacco products or alcoholic
2.11beverages with the cardholder's EBT card.
2.12 Subd. 4. EBT use restricted to Minnesota vendors. EBT debit cardholders in
2.13programs under subdivision 1 are prohibited from using the EBT debit card at vendors
2.14located outside of Minnesota. This subdivision does not apply to the food portion.
2.15 Subd. 5. Fraud reports. Retailers who report to the commissioner substantiated
2.16incidents of EBT card fraud shall receive five percent of any recovered funds.
2.17 Sec. 2. Minnesota Statutes 2010, section 256D.02, subdivision 12a, is amended to read:
2.18 Subd. 12a. Resident. (a) For purposes of eligibility for general assistance and
2.19general assistance medical care, a person must be a resident of this state.
2.20(b) A "resident" is a person living in the state for at least
2.21intention of making the person's home here and not for any temporary purpose. Time
2.22spent in a shelter for battered women shall count toward satisfying the
2.23residency requirement. All applicants for these programs are required to demonstrate the
2.24requisite intent and can do so in any of the following ways:
2.25(1) by showing that the applicant maintains a residence at a verified address, other
2.26than a place of public accommodation. An applicant may verify a residence address by
2.27presenting a valid state driver's license, a state identification card, a voter registration card,
2.28a rent receipt, a statement by the landlord, apartment manager, or homeowner verifying
2.29that the individual is residing at the address, or other form of verification approved by
2.30the commissioner; or
2.31(2) by verifying residence according to Minnesota Rules, part 9500.1219, subpart
2.323, item C.
2.33(c) For general assistance medical care, a county agency shall waive the
2.34 90-day residency requirement in cases of medical emergencies. For general assistance,
2.35a county shall waive the
3.1would result from denial of general assistance. For purposes of this subdivision, "unusual
3.2hardship" means the applicant is without shelter or is without available resources for food.
3.3The county agency must report to the commissioner within 30 days on any waiver
3.4granted under this section. The county shall not deny an application solely because the
3.5applicant does not meet at least one of the criteria in this subdivision, but shall continue to
3.6process the application and leave the application pending until the residency requirement
3.7is met or until eligibility or ineligibility is established.
3.8(d) For purposes of paragraph (c), the following definitions apply (1) "metropolitan
3.9statistical area" is as defined by the United States Census Bureau; (2) "shelter" includes
3.10any shelter that is located within the metropolitan statistical area containing the county
3.11and for which the applicant is eligible, provided the applicant does not have to travel more
3.12than 20 miles to reach the shelter and has access to transportation to the shelter. Clause (2)
3.13does not apply to counties in the Minneapolis-St. Paul metropolitan statistical area.
3.14(e) Migrant workers as defined in section
3.15immediate families are exempt from the residency requirements of this section, provided
3.16the migrant worker provides verification that the migrant family worked in this state
3.17within the last 12 months and earned at least $1,000 in gross wages during the time the
3.18migrant worker worked in this state.
3.19(f) For purposes of eligibility for emergency general assistance, the
3.20residency requirement under this section shall not be waived.
3.21(g) If any provision of this subdivision is enjoined from implementation or found
3.22unconstitutional by any court of competent jurisdiction, the remaining provisions shall
3.23remain valid and shall be given full effect.
3.24 Sec. 3. Minnesota Statutes 2010, section 256J.12, subdivision 1a, is amended to read:
3.25 Subd. 1a.
3.26to have established residency in this state only when a child or caregiver has resided in this
3.27state for at least
3.28here and not for any temporary purpose. The birth of a child in Minnesota to a member
3.29of the assistance unit does not automatically establish the residency in this state under
3.30this subdivision of the other members of the assistance unit. Time spent in a shelter for
3.31battered women shall count toward satisfying the
3.32 Sec. 4. Minnesota Statutes 2010, section 256J.12, subdivision 2, is amended to read:
3.33 Subd. 2. Exceptions. (a) A county shall waive the
3.34requirement where unusual hardship would result from denial of assistance.
4.1(b) For purposes of this section, unusual hardship means an assistance unit:
4.2(1) is without alternative shelter; or
4.3(2) is without available resources for food.
4.4(c) For purposes of this subdivision, the following definitions apply (1) "metropolitan
4.5statistical area" is as defined by the U.S. Census Bureau; (2) "alternative shelter" includes
4.6any shelter that is located within the metropolitan statistical area containing the county and
4.7for which the family is eligible, provided the assistance unit does not have to travel more
4.8than 20 miles to reach the shelter and has access to transportation to the shelter. Clause (2)
4.9does not apply to counties in the Minneapolis-St. Paul metropolitan statistical area.
4.10(d) Applicants are considered to meet the residency requirement under subdivision
4.111a if they once resided in Minnesota and:
4.12(1) joined the United States armed services, returned to Minnesota within 30 days of
4.13leaving the armed services, and intend to remain in Minnesota; or
4.14(2) left to attend school in another state, paid nonresident tuition or Minnesota
4.15tuition rates under a reciprocity agreement, and returned to Minnesota within 30 days of
4.16graduation with the intent to remain in Minnesota.
4.17(e) The
4.18(1) a minor child or a minor caregiver moves from another state to the residence of
4.19a relative caregiver; and
4.20(2) the relative caregiver has resided in Minnesota for at least
4.21days and:
4.22(i) the minor caregiver applies for and receives MFIP; or
4.23(ii) the relative caregiver applies for assistance for the minor child but does not
4.24choose to be a member of the MFIP assistance unit.
4.25 Sec. 5. REQUIREMENT FOR LIQUOR STORES, TOBACCO STORES,
4.26GAMBLING ESTABLISHMENTS, AND TATTOO PARLORS.
4.27Liquor stores, tobacco stores, gambling establishments, and tattoo parlors must
4.28negotiate with their third-party processors to block EBT cash transactions at their places
4.29of business and withdrawals of cash at automatic teller machines located in their places of
4.30business.
4.31 Sec. 6. MINNESOTA EBT BUSINESS TASK FORCE.
4.32 Subdivision 1. Members. The Minnesota EBT Business Task Force includes seven
4.33members, appointed as follows:
5.1(1) two members of the Minnesota house of representatives, one appointed by the
5.2speaker of the house and one appointed by the minority leader;
5.3(2) two members of the Minnesota senate, one appointed by the senate majority
5.4leader and one appointed by the senate minority leader;
5.5(3) the commissioner of human services, or designee;
5.6(4) an appointee of the Minnesota Grocers Association; and
5.7(5) a credit card processor, appointed by the commissioner of human services.
5.8 Subd. 2. Duties. The Minnesota EBT Business Task Force shall create a workable
5.9strategy to eliminate the purchase of tobacco and alcoholic beverages by recipients of the
5.10general assistance program and Minnesota supplemental aid program under Minnesota
5.11Statutes, chapter 256D, and programs under Minnesota Statutes, chapter 256J, using EBT
5.12cards. The task force will consider cost to the state, feasibility of execution at retail, and
5.13ease of use and privacy for EBT cardholders.
5.14 Subd. 3. Report. The task force will report back to the legislative committees with
5.15jurisdiction over health and human services policy and finance by April 1, 2012, with
5.16recommendations related to the task force duties under subdivision 2.
5.17 Subd. 4. Expiration. The task force expires on June 30, 2012.
5.18 Sec. 7. DIRECTION TO COMMISSIONER.
5.19The commissioner of human services shall issue a request for proposals for a
5.20third-party credit card processor who will prohibit the ability of EBT cards to be used to
5.21purchase tobacco products or alcoholic beverages. Based on responses to the request
5.22for proposals, the commissioner shall enter into a contract for the services specified in
5.23this section by October 1, 2011.
5.24EFFECTIVE DATE.This section is effective the day following final enactment.
5.25 Sec. 8. REPEALER.
5.26Minnesota Statutes 2010, section 256.9862, subdivision 2, is repealed.
