Bill Text: MN HF1987 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Minnesota Family Investment Program (MFIP) and general assistance random drug testing requirements modified.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2014-02-27 - Authors added Allen and Paymar [HF1987 Detail]
Download: Minnesota-2013-HF1987-Introduced.html
1.2relating to human services; modifying MFIP and general assistance requirements
1.3related to random drug testing;amending Minnesota Statutes 2012, sections
1.4256D.024, subdivision 1; 256J.26, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 256D.024, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. Person convicted of drug offenses. (a) If an applicant or recipient
1.9has been convicted of a drug offense after July 1, 1997, the assistance unit is ineligible for
1.10benefits under this chapter until five years after the applicant has completed terms of the
1.11court-ordered sentence, unless the person is participating in a drug treatment program,
1.12has successfully completed a drug treatment program, or has been assessed by the county
1.13and determined not to be in need of a drug treatment program. Persons subject to the
1.14limitations of this subdivision who become eligible for assistance under this chaptershall
1.15 may be subject to random drug testing as a condition of continued eligibilityand shall lose
1.16eligibility for benefits for five years beginning the month following:.
1.17(1) any positive test result for an illegal controlled substance; or
1.18(2) discharge of sentence after conviction for another drug felony.
1.19(b) For the purposes of this subdivision, "drug offense" means a conviction that
1.20occurred after July 1, 1997, of sections152.021 to
152.025 ,
152.0261 ,
152.0262 , or
1.21152.096
. Drug offense also means a conviction in another jurisdiction of the possession,
1.22use, or distribution of a controlled substance, or conspiracy to commit any of these
1.23offenses, if the offense occurred after July 1, 1997, and the conviction is a felony offense
1.24in that jurisdiction, or in the case of New Jersey, a high misdemeanor.
2.1 Sec. 2. Minnesota Statutes 2012, section 256J.26, subdivision 1, is amended to read:
2.2 Subdivision 1. Person convicted of drug offenses. (a) An individual who has been
2.3convicted of a felony level drug offense committed during the previous ten years from the
2.4date of application or recertificationis may be subject to the following:
2.5(1) Benefits for the entire assistance unitmust may be paid in vendor form for shelter
2.6and utilities during any time the applicant is part of the assistance unit.
2.7(2) The convicted applicant or participantshall may be subject to random drug
2.8testing as a condition of continued eligibility and following any positive test for an illegal
2.9controlled substance is subject to the following sanctions:
2.10(i) for failing a drug test the first time, the residual amount of the participant's grant
2.11after making vendor payments for shelter and utility costs, if any, must be reduced by an
2.12amount equal to 30 percent of the MFIP standard of need for an assistance unit of the same
2.13size. When a sanction under this subdivision is in effect, the job counselor must attempt
2.14to meet with the person face-to-face. During the face-to-face meeting, the job counselor
2.15must explain the consequences of a subsequent drug test failure and inform the participant
2.16of the right to appeal the sanction under section256J.40 . If a face-to-face meeting is
2.17not possible, the county agency must send the participant a notice of adverse action as
2.18provided in section256J.31 , subdivisions 4 and 5, and must include the information
2.19required in the face-to-face meeting; or
2.20(ii) for failing a drug test two times, the participant is permanently disqualified from
2.21receiving MFIP assistance, both the cash and food portions. The assistance unit's MFIP
2.22grant must be reduced by the amount which would have otherwise been made available to
2.23the disqualified participant. Disqualification under this item does not make a participant
2.24ineligible for food stamps or food support. Before a disqualification under this provision is
2.25imposed, the job counselor must attempt to meet with the participant face-to-face. During
2.26the face-to-face meeting, the job counselor must identify other resources that may be
2.27available to the participant to meet the needs of the family and inform the participant of
2.28the right to appeal the disqualification under section256J.40 . If a face-to-face meeting is
2.29not possible, the county agency must send the participant a notice of adverse action as
2.30provided in section256J.31 , subdivisions 4 and 5, and must include the information
2.31required in the face-to-face meeting.
2.32(3) A participant who fails a drug test the first time and is under a sanction due to
2.33other MFIP program requirements is considered to have more than one occurrence of
2.34noncompliance and is subject to the applicable level of sanction as specified under section
2.35256J.46, subdivision 1
, paragraph (d).
3.1(b) Applicants requesting only food stamps or food support or participants receiving
3.2only food stamps or food support, who have been convicted of a drug offense that
3.3occurred after July 1, 1997, may, if otherwise eligible, receive food stamps or food support
3.4if the convicted applicant or participant is subject to random drug testing as a condition
3.5of continued eligibility. Following a positive test for an illegal controlled substance, the
3.6applicant is subject to the following sanctions:
3.7(1) for failing a drug test the first time, food stamps or food support shall be reduced
3.8by an amount equal to 30 percent of the applicable food stamp or food support allotment.
3.9When a sanction under this clause is in effect, a job counselor must attempt to meet with
3.10the person face-to-face. During the face-to-face meeting, a job counselor must explain
3.11the consequences of a subsequent drug test failure and inform the participant of the right
3.12to appeal the sanction under section256J.40 . If a face-to-face meeting is not possible,
3.13a county agency must send the participant a notice of adverse action as provided in
3.14section256J.31 , subdivisions 4 and 5, and must include the information required in the
3.15face-to-face meeting; and
3.16(2) for failing a drug test two times, the participant is permanently disqualified from
3.17receiving food stamps or food support. Before a disqualification under this provision is
3.18imposed, a job counselor must attempt to meet with the participant face-to-face. During
3.19the face-to-face meeting, the job counselor must identify other resources that may be
3.20available to the participant to meet the needs of the family and inform the participant of
3.21the right to appeal the disqualification under section256J.40 . If a face-to-face meeting
3.22is not possible, a county agency must send the participant a notice of adverse action as
3.23provided in section256J.31 , subdivisions 4 and 5, and must include the information
3.24required in the face-to-face meeting.
3.25(c) For the purposes of this subdivision, "drug offense" means an offense that occurred
3.26during the previous ten years from the date of application or recertification of sections
3.27152.021
to
152.025 ,
152.0261 ,
152.0262 ,
152.096, or 152.137 . Drug offense also means a
3.28conviction in another jurisdiction of the possession, use, or distribution of a controlled
3.29substance, or conspiracy to commit any of these offenses, if the offense occurred during
3.30the previous ten years from the date of application or recertification and the conviction is a
3.31felony offense in that jurisdiction, or in the case of New Jersey, a high misdemeanor.
1.3related to random drug testing;amending Minnesota Statutes 2012, sections
1.4256D.024, subdivision 1; 256J.26, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 256D.024, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. Person convicted of drug offenses. (a) If an applicant or recipient
1.9has been convicted of a drug offense after July 1, 1997, the assistance unit is ineligible for
1.10benefits under this chapter until five years after the applicant has completed terms of the
1.11court-ordered sentence, unless the person is participating in a drug treatment program,
1.12has successfully completed a drug treatment program, or has been assessed by the county
1.13and determined not to be in need of a drug treatment program. Persons subject to the
1.14limitations of this subdivision who become eligible for assistance under this chapter
1.15 may be subject to random drug testing as a condition of continued eligibility
1.16
1.17
1.18
1.19(b) For the purposes of this subdivision, "drug offense" means a conviction that
1.20occurred after July 1, 1997, of sections
1.22use, or distribution of a controlled substance, or conspiracy to commit any of these
1.23offenses, if the offense occurred after July 1, 1997, and the conviction is a felony offense
1.24in that jurisdiction, or in the case of New Jersey, a high misdemeanor.
2.1 Sec. 2. Minnesota Statutes 2012, section 256J.26, subdivision 1, is amended to read:
2.2 Subdivision 1. Person convicted of drug offenses. (a) An individual who has been
2.3convicted of a felony level drug offense committed during the previous ten years from the
2.4date of application or recertification
2.5(1) Benefits for the entire assistance unit
2.6and utilities during any time the applicant is part of the assistance unit.
2.7(2) The convicted applicant or participant
2.8testing as a condition of continued eligibility and following any positive test for an illegal
2.9controlled substance is subject to the following sanctions:
2.10(i) for failing a drug test the first time, the residual amount of the participant's grant
2.11after making vendor payments for shelter and utility costs, if any, must be reduced by an
2.12amount equal to 30 percent of the MFIP standard of need for an assistance unit of the same
2.13size. When a sanction under this subdivision is in effect, the job counselor must attempt
2.14to meet with the person face-to-face. During the face-to-face meeting, the job counselor
2.15must explain the consequences of a subsequent drug test failure and inform the participant
2.16of the right to appeal the sanction under section
2.17not possible, the county agency must send the participant a notice of adverse action as
2.18provided in section
2.19required in the face-to-face meeting; or
2.20(ii) for failing a drug test two times, the participant is permanently disqualified from
2.21receiving MFIP assistance, both the cash and food portions. The assistance unit's MFIP
2.22grant must be reduced by the amount which would have otherwise been made available to
2.23the disqualified participant. Disqualification under this item does not make a participant
2.24ineligible for food stamps or food support. Before a disqualification under this provision is
2.25imposed, the job counselor must attempt to meet with the participant face-to-face. During
2.26the face-to-face meeting, the job counselor must identify other resources that may be
2.27available to the participant to meet the needs of the family and inform the participant of
2.28the right to appeal the disqualification under section
2.29not possible, the county agency must send the participant a notice of adverse action as
2.30provided in section
2.31required in the face-to-face meeting.
2.32(3) A participant who fails a drug test the first time and is under a sanction due to
2.33other MFIP program requirements is considered to have more than one occurrence of
2.34noncompliance and is subject to the applicable level of sanction as specified under section
3.1(b) Applicants requesting only food stamps or food support or participants receiving
3.2only food stamps or food support, who have been convicted of a drug offense that
3.3occurred after July 1, 1997, may, if otherwise eligible, receive food stamps or food support
3.4if the convicted applicant or participant is subject to random drug testing as a condition
3.5of continued eligibility. Following a positive test for an illegal controlled substance, the
3.6applicant is subject to the following sanctions:
3.7(1) for failing a drug test the first time, food stamps or food support shall be reduced
3.8by an amount equal to 30 percent of the applicable food stamp or food support allotment.
3.9When a sanction under this clause is in effect, a job counselor must attempt to meet with
3.10the person face-to-face. During the face-to-face meeting, a job counselor must explain
3.11the consequences of a subsequent drug test failure and inform the participant of the right
3.12to appeal the sanction under section
3.13a county agency must send the participant a notice of adverse action as provided in
3.14section
3.15face-to-face meeting; and
3.16(2) for failing a drug test two times, the participant is permanently disqualified from
3.17receiving food stamps or food support. Before a disqualification under this provision is
3.18imposed, a job counselor must attempt to meet with the participant face-to-face. During
3.19the face-to-face meeting, the job counselor must identify other resources that may be
3.20available to the participant to meet the needs of the family and inform the participant of
3.21the right to appeal the disqualification under section
3.22is not possible, a county agency must send the participant a notice of adverse action as
3.23provided in section
3.24required in the face-to-face meeting.
3.25(c) For the purposes of this subdivision, "drug offense" means an offense that occurred
3.26during the previous ten years from the date of application or recertification of sections
3.28conviction in another jurisdiction of the possession, use, or distribution of a controlled
3.29substance, or conspiracy to commit any of these offenses, if the offense occurred during
3.30the previous ten years from the date of application or recertification and the conviction is a
3.31felony offense in that jurisdiction, or in the case of New Jersey, a high misdemeanor.
