Bill Text: MN SF150 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Minnesota family investment program (MFIP) and general assistance (GA) residency requirements modifications
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2011-01-31 - Referred to Health and Human Services [SF150 Detail]
Download: Minnesota-2011-SF150-Introduced.html
1.2relating to human services; modifying residency requirements for MFIP and
1.3general assistance;amending Minnesota Statutes 2010, sections 256D.02,
1.4subdivision 12a, by adding a subdivision; 256J.12, subdivisions 1a, 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 256D.02, subdivision 12a, is amended to
1.7read:
1.8 Subd. 12a. Resident; general assistance medical care. (a) For purposes of
1.9eligibility forgeneral assistance and general assistance medical care, a person must be a
1.10resident of this state.
1.11(b) A "resident" is a person living in the state for at least 30 days with the intention of
1.12making the person's home here and not for any temporary purpose. Time spent in a shelter
1.13for battered women shall count toward satisfying the 30-day residency requirement. All
1.14applicants for these programs are required to demonstrate the requisite intent and can do
1.15so in any of the following ways:
1.16(1) by showing that the applicant maintains a residence at a verified address, other
1.17than a place of public accommodation. An applicant may verify a residence address by
1.18presenting a valid state driver's license,; a state identification card,; a voter registration
1.19card,; a rent receipt,; a statement by the landlord, apartment manager, or homeowner
1.20verifying that the individual is residing at the address,; or other form of verification
1.21approved by the commissioner; or
1.22(2) by verifying residence according to Minnesota Rules, part 9500.1219, subpart
1.233, item C.
2.1(c) For general assistance medical care, a county agency shall waive the 30-day
2.2residency requirement in cases of medical emergencies.For general assistance, a county
2.3shall waive the 30-day residency requirement where unusual hardship would result from
2.4denial of general assistance. For purposes of this subdivision, "unusual hardship" means
2.5the applicant is without shelter or is without available resources for food.
2.6The county agency must report to the commissioner within 30 days on any waiver
2.7granted under this section. The county shall not deny an application solely because the
2.8applicant does not meet at least one of the criteria in this subdivision, but shall continue to
2.9process the application and leave the application pending until the residency requirement
2.10is met or until eligibility or ineligibility is established.
2.11(d) For purposes of paragraph (c), the following definitions apply (1) "metropolitan
2.12statistical area" is as defined by the United States Census Bureau; (2) "shelter" includes
2.13any shelter that is located within the metropolitan statistical area containing the county
2.14and for which the applicant is eligible, provided the applicant does not have to travel more
2.15than 20 miles to reach the shelter and has access to transportation to the shelter. Clause (2)
2.16does not apply to counties in the Minneapolis-St. Paul metropolitan statistical area.
2.17(e) (d) Migrant workers as defined in section
256J.08 and, until March 31, 1998,
2.18their immediate families are exempt from the residency requirements of this section,
2.19provided the migrant worker provides verification that the migrant family worked in this
2.20state within the last 12 months and earned at least $1,000 in gross wages during the time
2.21the migrant worker worked in this state.
2.22(f) For purposes of eligibility for emergency general assistance, the 30-day residency
2.23requirement under this section shall not be waived.
2.24(g) (e) If any provision of this subdivision is enjoined from implementation or found
2.25unconstitutional by any court of competent jurisdiction, the remaining provisions shall
2.26remain valid and shall be given full effect.
2.27 Sec. 2. Minnesota Statutes 2010, section 256D.02, is amended by adding a subdivision
2.28to read:
2.29 Subd. 12b. Resident; general assistance. (a) For purposes of eligibility for general
2.30assistance, a person must be a resident of this state.
2.31(b) A "resident" is a person living in the state for at least 60 days with the intention of
2.32making the person's home here and not for any temporary purpose. Time spent in a shelter
2.33for battered women shall count toward satisfying the 60-day residency requirement. All
2.34applicants for these programs are required to demonstrate the requisite intent and may do
2.35so in any of the following ways:
3.1(1) by showing that the applicant maintains a residence at a verified address, other
3.2than a place of public accommodation. An applicant may verify a residence address by
3.3presenting a valid state driver's license, a state identification card, a voter registration
3.4card, or a rent receipt; or
3.5(2) by verifying residence according to Minnesota Rules, part 9500.1219, subpart
3.63, item C.
3.7(c) The county shall not deny an application solely because the applicant does not
3.8meet at least one of the criteria in this subdivision, but shall continue to process the
3.9application and leave the application pending until the residency requirement is met or
3.10until eligibility or ineligibility is established.
3.11(d) For purposes of eligibility for emergency general assistance, the 60-day residency
3.12requirement under this section shall not be waived.
3.13(e) If any provision of this subdivision is enjoined from implementation or found
3.14unconstitutional by any court of competent jurisdiction, the remaining provisions shall
3.15remain valid and shall be given full effect.
3.16 Sec. 3. Minnesota Statutes 2010, section 256J.12, subdivision 1a, is amended to read:
3.17 Subd. 1a.30-day 60-day residency requirement. An assistance unit is considered
3.18to have established residency in this state only when a child or caregiver has resided in this
3.19state for at least30 60 consecutive days with the intention of making the person's home
3.20here and not for any temporary purpose. The birth of a child in Minnesota to a member
3.21of the assistance unit does not automatically establish the residency in this state under
3.22this subdivision of the other members of the assistance unit. Time spent in a shelter for
3.23battered women shall count toward satisfying the30-day 60-day residency requirement.
3.24 Sec. 4. Minnesota Statutes 2010, section 256J.12, subdivision 2, is amended to read:
3.25 Subd. 2. Exceptions. (a)A county shall waive the 30-day residency requirement
3.26where unusual hardship would result from denial of assistance.
3.27(b) For purposes of this section, unusual hardship means an assistance unit:
3.28(1) is without alternative shelter; or
3.29(2) is without available resources for food.
3.30(c) For purposes of this subdivision, the following definitions apply (1) "metropolitan
3.31statistical area" is as defined by the U.S. Census Bureau; (2) "alternative shelter" includes
3.32any shelter that is located within the metropolitan statistical area containing the county and
3.33for which the family is eligible, provided the assistance unit does not have to travel more
4.1than 20 miles to reach the shelter and has access to transportation to the shelter. Clause (2)
4.2does not apply to counties in the Minneapolis-St. Paul metropolitan statistical area.
4.3(d) Applicants are considered to meet the residency requirement under subdivision
4.41a if they once resided in Minnesota and:
4.5(1) joined the United States armed services, returned to Minnesota within 30 days of
4.6leaving the armed services, and intend to remain in Minnesota; or
4.7(2) left to attend school in another state, paid nonresident tuition or Minnesota
4.8tuition rates under a reciprocity agreement, and returned to Minnesota within 30 days of
4.9graduation with the intent to remain in Minnesota.
4.10(e) (b) The 30-day 60-day residence requirement is met when:
4.11(1) a minor child or a minor caregiver moves from another state to the residence of
4.12a relative caregiver; and
4.13(2) the relative caregiver has resided in Minnesota for at least30 60 consecutive
4.14days and:
4.15(i) the minor caregiver applies for and receives MFIP; or
4.16(ii) the relative caregiver applies for assistance for the minor child but does not
4.17choose to be a member of the MFIP assistance unit.
1.3general assistance;amending Minnesota Statutes 2010, sections 256D.02,
1.4subdivision 12a, by adding a subdivision; 256J.12, subdivisions 1a, 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 256D.02, subdivision 12a, is amended to
1.7read:
1.8 Subd. 12a. Resident; general assistance medical care. (a) For purposes of
1.9eligibility for
1.10resident of this state.
1.11(b) A "resident" is a person living in the state for at least 30 days with the intention of
1.12making the person's home here and not for any temporary purpose. Time spent in a shelter
1.13for battered women shall count toward satisfying the 30-day residency requirement. All
1.14applicants for these programs are required to demonstrate the requisite intent and can do
1.15so in any of the following ways:
1.16(1) by showing that the applicant maintains a residence at a verified address, other
1.17than a place of public accommodation. An applicant may verify a residence address by
1.18presenting a valid state driver's license
1.19card
1.20verifying that the individual is residing at the address
1.21approved by the commissioner; or
1.22(2) by verifying residence according to Minnesota Rules, part 9500.1219, subpart
1.233, item C.
2.1(c) For general assistance medical care, a county agency shall waive the 30-day
2.2residency requirement in cases of medical emergencies.
2.3
2.4
2.5
2.6The county agency must report to the commissioner within 30 days on any waiver
2.7granted under this section. The county shall not deny an application solely because the
2.8applicant does not meet at least one of the criteria in this subdivision, but shall continue to
2.9process the application and leave the application pending until the residency requirement
2.10is met or until eligibility or ineligibility is established.
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18their immediate families are exempt from the residency requirements of this section,
2.19provided the migrant worker provides verification that the migrant family worked in this
2.20state within the last 12 months and earned at least $1,000 in gross wages during the time
2.21the migrant worker worked in this state.
2.22
2.23
2.24
2.25unconstitutional by any court of competent jurisdiction, the remaining provisions shall
2.26remain valid and shall be given full effect.
2.27 Sec. 2. Minnesota Statutes 2010, section 256D.02, is amended by adding a subdivision
2.28to read:
2.29 Subd. 12b. Resident; general assistance. (a) For purposes of eligibility for general
2.30assistance, a person must be a resident of this state.
2.31(b) A "resident" is a person living in the state for at least 60 days with the intention of
2.32making the person's home here and not for any temporary purpose. Time spent in a shelter
2.33for battered women shall count toward satisfying the 60-day residency requirement. All
2.34applicants for these programs are required to demonstrate the requisite intent and may do
2.35so in any of the following ways:
3.1(1) by showing that the applicant maintains a residence at a verified address, other
3.2than a place of public accommodation. An applicant may verify a residence address by
3.3presenting a valid state driver's license, a state identification card, a voter registration
3.4card, or a rent receipt; or
3.5(2) by verifying residence according to Minnesota Rules, part 9500.1219, subpart
3.63, item C.
3.7(c) The county shall not deny an application solely because the applicant does not
3.8meet at least one of the criteria in this subdivision, but shall continue to process the
3.9application and leave the application pending until the residency requirement is met or
3.10until eligibility or ineligibility is established.
3.11(d) For purposes of eligibility for emergency general assistance, the 60-day residency
3.12requirement under this section shall not be waived.
3.13(e) If any provision of this subdivision is enjoined from implementation or found
3.14unconstitutional by any court of competent jurisdiction, the remaining provisions shall
3.15remain valid and shall be given full effect.
3.16 Sec. 3. Minnesota Statutes 2010, section 256J.12, subdivision 1a, is amended to read:
3.17 Subd. 1a.
3.18to have established residency in this state only when a child or caregiver has resided in this
3.19state for at least
3.20here and not for any temporary purpose. The birth of a child in Minnesota to a member
3.21of the assistance unit does not automatically establish the residency in this state under
3.22this subdivision of the other members of the assistance unit. Time spent in a shelter for
3.23battered women shall count toward satisfying the
3.24 Sec. 4. Minnesota Statutes 2010, section 256J.12, subdivision 2, is amended to read:
3.25 Subd. 2. Exceptions. (a)
3.26
3.27
3.28
3.29
3.30
3.31
3.32
3.33
4.1
4.2
4.3
4.41a if they once resided in Minnesota and:
4.5(1) joined the United States armed services, returned to Minnesota within 30 days of
4.6leaving the armed services, and intend to remain in Minnesota; or
4.7(2) left to attend school in another state, paid nonresident tuition or Minnesota
4.8tuition rates under a reciprocity agreement, and returned to Minnesota within 30 days of
4.9graduation with the intent to remain in Minnesota.
4.10
4.11(1) a minor child or a minor caregiver moves from another state to the residence of
4.12a relative caregiver; and
4.13(2) the relative caregiver has resided in Minnesota for at least
4.14days and:
4.15(i) the minor caregiver applies for and receives MFIP; or
4.16(ii) the relative caregiver applies for assistance for the minor child but does not
4.17choose to be a member of the MFIP assistance unit.
