Bill Text: MN SF1835 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Minnesota family investment program (MFIP) and general assistance (GA) residency requirements modifications
Sponsorship: Partisan Bill (Republican 21)
Status: (Engrossed - Dead) 2012-03-28 - Senate file first reading, referred to Health and Human Services Reform [SF1835 Detail]
Download: Minnesota-2011-SF1835-Engrossed.html
1.2relating to human services; modifying residency requirements;amending
1.3Minnesota Statutes 2010, sections 256D.02, by adding a subdivision; 256J.12,
1.4subdivisions 1a, 2; repealing Minnesota Statutes 2010, sections 256D.02,
1.5subdivision 12a; 256J.12, subdivision 2a.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 256D.02, is amended by adding a
1.8subdivision to read:
1.9 Subd. 12b. Resident; general assistance. (a) For purposes of eligibility for general
1.10assistance, a person must be a resident of this state.
1.11(b) A "resident" is a person living in the state for at least 60 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 60-day residency requirement. All
1.14applicants for this program are required to demonstrate the requisite intent and may 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, or a rent receipt; or
1.20(2) by verifying residence according to Minnesota Rules, part 9500.1219, subpart
1.213, item C.
1.22(c) The county shall not deny an application solely because the applicant does not
1.23meet at least one of the criteria in this subdivision, but shall continue to process the
1.24application and leave the application pending until the residency requirement is met or
1.25until eligibility or ineligibility is established.
2.1(d) For purposes of eligibility for emergency general assistance, the 60-day residency
2.2requirement under this section may be waived.
2.3(e) If any provision of this subdivision is enjoined from implementation or found
2.4unconstitutional by any court of competent jurisdiction, the remaining provisions shall
2.5remain valid and shall be given full effect.
2.6 Sec. 2. Minnesota Statutes 2010, section 256J.12, subdivision 1a, is amended to read:
2.7 Subd. 1a.30-day 60-day residency requirement. An assistance unit is considered
2.8to have established residency in this state only when a child or caregiver has resided in this
2.9state for at least30 60 consecutive days with the intention of making the person's home
2.10here and not for any temporary purpose. The birth of a child in Minnesota to a member
2.11of the assistance unit does not automatically establish the residency in this state under
2.12this subdivision of the other members of the assistance unit. Time spent in a shelter for
2.13battered women shall count toward satisfying the30-day 60-day residency requirement.
2.14 Sec. 3. Minnesota Statutes 2010, section 256J.12, subdivision 2, is amended to read:
2.15 Subd. 2. Exceptions.(a) A county shall waive the 30-day residency requirement
2.16where unusual hardship would result from denial of assistance.
2.17(b) For purposes of this section, unusual hardship means an assistance unit:
2.18(1) is without alternative shelter; or
2.19(2) is without available resources for food.
2.20(c) For purposes of this subdivision, the following definitions apply (1) "metropolitan
2.21statistical area" is as defined by the U.S. Census Bureau; (2) "alternative shelter" includes
2.22any shelter that is located within the metropolitan statistical area containing the county and
2.23for which the family is eligible, provided the assistance unit does not have to travel more
2.24than 20 miles to reach the shelter and has access to transportation to the shelter. Clause (2)
2.25does not apply to counties in the Minneapolis-St. Paul metropolitan statistical area.
2.26(d) (a) Applicants are considered to meet the residency requirement under
2.27subdivision 1a if they once resided in Minnesota and:
2.28(1) joined the United States armed services, returned to Minnesota within 30 days of
2.29leaving the armed services, and intend to remain in Minnesota; or
2.30(2) left to attend school in another state, paid nonresident tuition or Minnesota
2.31tuition rates under a reciprocity agreement, and returned to Minnesota within 30 days of
2.32graduation with the intent to remain in Minnesota.
2.33(e) (b) The 30-day 60-day residence requirement is met when:
3.1(1) a minor child or a minor caregiver moves from another state to the residence of
3.2a relative caregiver; and
3.3(2) the relative caregiver has resided in Minnesota for at least30 60 consecutive
3.4days and:
3.5(i) the minor caregiver applies for and receives MFIP; or
3.6(ii) the relative caregiver applies for assistance for the minor child but does not
3.7choose to be a member of the MFIP assistance unit.
3.8(c) For purposes of eligibility for emergency assistance, the 60-day residency
3.9requirement under this section may be waived.
3.10 Sec. 4. REPEALER.
3.11Minnesota Statutes 2010, sections 256D.02, subdivision 12a; and 256J.12,
3.12subdivision 2a, are repealed.
1.3Minnesota Statutes 2010, sections 256D.02, by adding a subdivision; 256J.12,
1.4subdivisions 1a, 2; repealing Minnesota Statutes 2010, sections 256D.02,
1.5subdivision 12a; 256J.12, subdivision 2a.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 256D.02, is amended by adding a
1.8subdivision to read:
1.9 Subd. 12b. Resident; general assistance. (a) For purposes of eligibility for general
1.10assistance, a person must be a resident of this state.
1.11(b) A "resident" is a person living in the state for at least 60 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 60-day residency requirement. All
1.14applicants for this program are required to demonstrate the requisite intent and may 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, or a rent receipt; or
1.20(2) by verifying residence according to Minnesota Rules, part 9500.1219, subpart
1.213, item C.
1.22(c) The county shall not deny an application solely because the applicant does not
1.23meet at least one of the criteria in this subdivision, but shall continue to process the
1.24application and leave the application pending until the residency requirement is met or
1.25until eligibility or ineligibility is established.
2.1(d) For purposes of eligibility for emergency general assistance, the 60-day residency
2.2requirement under this section may be waived.
2.3(e) If any provision of this subdivision is enjoined from implementation or found
2.4unconstitutional by any court of competent jurisdiction, the remaining provisions shall
2.5remain valid and shall be given full effect.
2.6 Sec. 2. Minnesota Statutes 2010, section 256J.12, subdivision 1a, is amended to read:
2.7 Subd. 1a.
2.8to have established residency in this state only when a child or caregiver has resided in this
2.9state for at least
2.10here and not for any temporary purpose. The birth of a child in Minnesota to a member
2.11of the assistance unit does not automatically establish the residency in this state under
2.12this subdivision of the other members of the assistance unit. Time spent in a shelter for
2.13battered women shall count toward satisfying the
2.14 Sec. 3. Minnesota Statutes 2010, section 256J.12, subdivision 2, is amended to read:
2.15 Subd. 2. Exceptions.
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27subdivision 1a if they once resided in Minnesota and:
2.28(1) joined the United States armed services, returned to Minnesota within 30 days of
2.29leaving the armed services, and intend to remain in Minnesota; or
2.30(2) left to attend school in another state, paid nonresident tuition or Minnesota
2.31tuition rates under a reciprocity agreement, and returned to Minnesota within 30 days of
2.32graduation with the intent to remain in Minnesota.
2.33
3.1(1) a minor child or a minor caregiver moves from another state to the residence of
3.2a relative caregiver; and
3.3(2) the relative caregiver has resided in Minnesota for at least
3.4days and:
3.5(i) the minor caregiver applies for and receives MFIP; or
3.6(ii) the relative caregiver applies for assistance for the minor child but does not
3.7choose to be a member of the MFIP assistance unit.
3.8(c) For purposes of eligibility for emergency assistance, the 60-day residency
3.9requirement under this section may be waived.
3.10 Sec. 4. REPEALER.
3.11Minnesota Statutes 2010, sections 256D.02, subdivision 12a; and 256J.12,
3.12subdivision 2a, are repealed.
