1.1                          A bill for an act 
  1.2             relating to welfare; extending food assistance for 
  1.3             certain noncitizens; modifying MFIP exemptions and 
  1.4             extensions; modifying MFIP sanctions; amending 
  1.5             Minnesota Statutes 2002, sections 256D.053, 
  1.6             subdivision 1; 256J.37, subdivision 9; 256J.425, 
  1.7             subdivisions 4, 5, 6, by adding a subdivision; 
  1.8             repealing Minnesota Statutes 2002, section 256J.425, 
  1.9             subdivision 7; Laws 1997, chapter 203, article 9, 
  1.10            section 21, as amended. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2002, section 256D.053, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [PROGRAM ESTABLISHED.] The Minnesota food 
  1.15  assistance program is established to provide food assistance to 
  1.16  legal noncitizens residing in this state who are ineligible to 
  1.17  participate in the federal Food Stamp Program solely due to the 
  1.18  provisions of section 402 or 403 of Public Law ~~Number~~ 104-193, 
  1.19  as authorized by Title VII of the 1997 Emergency Supplemental 
  1.20  Appropriations Act, Public Law ~~Number~~ 105-18, and as amended by 
  1.21  Public Law ~~Number~~ 105-185. 
  1.22     ~~Beginning July 1, 2003, the Minnesota food assistance~~ 
  1.23  ~~program is limited to those noncitizens described in this~~ 
  1.24  ~~subdivision who are 50 years of age or older.~~ 
  1.25     Sec. 2.  Minnesota Statutes 2002, section 256J.37, 
  1.26  subdivision 9, is amended to read: 
  1.27     Subd. 9.  [UNEARNED INCOME.] ~~(a)~~ The county agency must 
  1.28  apply unearned income to the MFIP standard of need.  When 
  2.1   determining the amount of unearned income, the county agency 
  2.2   must deduct the costs necessary to secure payments of unearned 
  2.3   income.  These costs include legal fees, medical fees, and 
  2.4   mandatory deductions such as federal and state income taxes. 
  2.5      ~~(b) Effective July 1, 2003, the county agency shall count~~ 
  2.6   ~~$100 of the value of public and assisted rental subsidies~~ 
  2.7   ~~provided through the Department of Housing and Urban Development~~ 
  2.8   ~~(HUD) as unearned income.  The full amount of the subsidy must~~ 
  2.9   ~~be counted as unearned income when the subsidy is less than $100.~~
  2.10     ~~(c) The provisions of paragraph (b) shall not apply to MFIP~~ 
  2.11  ~~participants who are exempt from the employment and training~~ 
  2.12  ~~services component because they are:~~ 
  2.13     ~~(i) individuals who are age 60 or older;~~ 
  2.14     ~~(ii) individuals who are suffering from a professionally~~ 
  2.15  ~~certified permanent or temporary illness, injury, or incapacity~~ 
  2.16  ~~which is expected to continue for more than 30 days and which~~ 
  2.17  ~~prevents the person from obtaining or retaining employment; or~~ 
  2.18     ~~(iii) caregivers whose presence in the home is required~~ 
  2.19  ~~because of the professionally certified illness or incapacity of~~ 
  2.20  ~~another member in the assistance unit, a relative in the~~ 
  2.21  ~~household, or a foster child in the household.~~ 
  2.22     ~~(d) The provisions of paragraph (b) shall not apply to an~~ 
  2.23  ~~MFIP assistance unit where the parental caregiver receives~~ 
  2.24  ~~supplemental security income.~~ 
  2.25     Sec. 3.  Minnesota Statutes 2002, section 256J.425, is 
  2.26  amended by adding a subdivision to read: 
  2.27     Subd. 1b.  [TEMPORARY EXTENSION.] (a) A temporary extension 
  2.28  on assistance applies to participants who are: 
  2.29     (1) not in sanction status in the 60th month of receiving 
  2.30  assistance and are following the work search and other 
  2.31  requirements in the participant's plan; and 
  2.32     (2) have not obtained sufficient employment that results in 
  2.33  a wage that is equal to or exceeds 120 percent of the federal 
  2.34  poverty guidelines for a family of the same size. 
  2.35     (b) All notices and information provided to participants 
  2.36  under this chapter related to the 60-month time limit must 
  3.1   include an explanation of the extension of the 60-month time 
  3.2   limit under paragraph (a). 
  3.3      (c) This subdivision expires on June 30, ..... 
  3.4      Sec. 4.  Minnesota Statutes 2002, section 256J.425, 
  3.5   subdivision 4, is amended to read: 
  3.6      Subd. 4.  [EMPLOYED PARTICIPANTS.] (a) An assistance unit 
  3.7   subject to the time limit under section 256J.42, subdivision 1, 
  3.8   in which any participant has received 60 months of assistance, 
  3.9   is eligible to receive assistance under a hardship extension if 
  3.10  the participant belongs to: 
  3.11     (1) a one-parent assistance unit in which the participant 
  3.12  is participating in work activities for at least 30 hours per 
  3.13  week, of which an average of at least 25 hours per week every 
  3.14  month are spent participating in employment; 
  3.15     (2) a two-parent assistance unit in which the participants 
  3.16  are participating in work activities for at least 55 hours per 
  3.17  week, of which an average of at least 45 hours per week every 
  3.18  month are spent participating in employment; or 
  3.19     (3) an assistance unit in which a participant is 
  3.20  participating in employment for fewer hours than those specified 
  3.21  in clause (1), and the participant submits verification from a 
  3.22  health care provider, in a form acceptable to the commissioner, 
  3.23  stating that the number of hours the participant may work is 
  3.24  limited due to illness or disability, as long as the participant 
  3.25  is participating in employment for at least the number of hours 
  3.26  specified by the health care provider.  The participant must be 
  3.27  following the treatment recommendations of the health care 
  3.28  provider providing the verification.  The commissioner shall 
  3.29  develop a form to be completed and signed by the health care 
  3.30  provider, documenting the diagnosis and any additional 
  3.31  information necessary to document the functional limitations of 
  3.32  the participant that limit work hours.  If the participant is 
  3.33  part of a two-parent assistance unit, the other parent must be 
  3.34  treated as a one-parent assistance unit for purposes of meeting 
  3.35  the work requirements under this subdivision. 
  3.36     (b) For purposes of this section, employment means: 
  4.1      (1) unsubsidized employment under section 256J.49, 
  4.2   subdivision 13, clause (1); 
  4.3      (2) subsidized employment under section 256J.49, 
  4.4   subdivision 13, clause (2); 
  4.5      (3) on-the-job training under section 256J.49, subdivision 
  4.6   13, clause (4); 
  4.7      (4) an apprenticeship under section 256J.49, subdivision 
  4.8   13, clause (19); 
  4.9      (5) supported work.  For purposes of this section, 
  4.10  "supported work" means services supporting a participant on the 
  4.11  job which include, but are not limited to, supervision, job 
  4.12  coaching, and subsidized wages; 
  4.13     (6) a combination of clauses (1) to (5); or 
  4.14     (7) child care under section 256J.49, subdivision 13, 
  4.15  clause (25), if it is in combination with paid employment. 
  4.16     (c) If a participant is complying with a child protection 
  4.17  plan under chapter 260C, the number of hours required under the 
  4.18  child protection plan count toward the number of hours required 
  4.19  under this subdivision.  
  4.20     (d) The county shall provide the opportunity for subsidized 
  4.21  employment to participants needing that type of employment 
  4.22  within available appropriations. 
  4.23     (e) To be eligible for a hardship extension for employed 
  4.24  participants under this subdivision, a participant in a 
  4.25  one-parent assistance unit or both parents in a two-parent 
  4.26  assistance unit must be in compliance for at least ten out of 
  4.27  the 12 months immediately preceding the participant's 61st month 
  4.28  on assistance.  If only one parent in a two-parent assistance 
  4.29  unit fails to be in compliance ten out of the 12 months 
  4.30  immediately preceding the participant's 61st month, the county 
  4.31  shall give the assistance unit the option of disqualifying the 
  4.32  noncompliant parent.  If the noncompliant participant is 
  4.33  disqualified, the assistance unit must be treated as a 
  4.34  one-parent assistance unit for the purposes of meeting the work 
  4.35  requirements under this subdivision and the assistance unit's 
  4.36  MFIP grant shall be calculated using the shared household 
  5.1   standard under section 256J.08, subdivision 82a. 
  5.2      (f) The employment plan developed under section 256J.52, 
  5.3   subdivision 5, for participants under this subdivision must 
  5.4   contain the number of hours specified in paragraph (a) related 
  5.5   to employment and work activities.  The job counselor and the 
  5.6   participant must sign the employment plan to indicate agreement 
  5.7   between the job counselor and the participant on the contents of 
  5.8   the plan. 
  5.9      (g) Participants who fail to meet the requirements in 
  5.10  paragraph (a), without good cause under section 256J.57, shall 
  5.11  be sanctioned or permanently disqualified under subdivision 6.  
  5.12  Good cause may only be granted for that portion of the month for 
  5.13  which the good cause reason applies.  Participants must meet all 
  5.14  remaining requirements in the approved employment plan or be 
  5.15  subject to sanction or permanent disqualification.  
  5.16     (h) If the noncompliance with an employment plan is due to 
  5.17  the involuntary loss of employment, the participant is exempt 
  5.18  from the hourly employment requirement under this subdivision 
  5.19  for one month.  Participants must meet all remaining 
  5.20  requirements in the approved employment plan or be subject to 
  5.21  sanction or permanent disqualification.  This exemption is 
  5.22  available to one-parent assistance units two times in a 12-month 
  5.23  period, and two-parent assistance units, two times per parent in 
  5.24  a 12-month period. 
  5.25     ~~(i) This subdivision expires on June 30, 2004.~~ 
  5.26     Sec. 5.  Minnesota Statutes 2002, section 256J.425, 
  5.27  subdivision 5, is amended to read: 
  5.28     Subd. 5.  [ACCRUAL OF CERTAIN EXEMPT MONTHS.] (a) A 
  5.29  participant who received TANF assistance that counted ~~towards~~ 
  5.30  toward the federal 60-month time limit while the participant was 
  5.31  exempt under section 256J.56, paragraph (a), clause (7), from 
  5.32  employment and training services requirements and who is no 
  5.33  longer eligible for assistance under a hardship extension under 
  5.34  subdivision 2, paragraph (a), clause (3), is eligible for 
  5.35  assistance under a hardship extension for a period of time equal 
  5.36  to the number of months that were counted toward the federal 
  6.1   60-month time limit while the participant was exempt under 
  6.2   section 256J.56, paragraph (a), clause (7), from the employment 
  6.3   and training services requirements. 
  6.4      (b) A participant who received TANF assistance that counted 
  6.5   ~~towards~~ toward the federal 60-month time limit while the 
  6.6   participant met the state time limit exemption criteria under 
  6.7   section 256J.42, subdivision 4 or 5, is eligible for assistance 
  6.8   under a hardship extension for a period of time equal to the 
  6.9   number of months that were counted toward the federal 60-month 
  6.10  time limit while the participant met the state time limit 
  6.11  exemption criteria under section 256J.42, subdivision 5. 
  6.12     (c) A participant who received TANF assistance that counted 
  6.13  ~~towards~~ toward the federal 60-month time limit while the 
  6.14  participant ~~was exempt under section 256J.56, paragraph (a),~~ 
  6.15  ~~clause (3), from employment and training services requirements,~~ 
  6.16  ~~who demonstrates at the time of the case review required under~~ 
  6.17  ~~section 256J.42, subdivision 6, that the participant met the~~ 
  6.18  ~~exemption criteria under section 256J.56, paragraph (a), clause~~ 
  6.19  ~~(7), during one or more months the participant was exempt under~~ 
  6.20  ~~section 256J.56, paragraph (a), clause (3), before or after July~~ 
  6.21  ~~1, 2002, is eligible for assistance under a hardship extension~~ 
  6.22  ~~for a period of time equal to the number of months that were~~ 
  6.23  ~~counted toward the federal 60-month time limit during the time~~ 
  6.24  ~~the participant met the criteria under section 256J.56,~~ 
  6.25  ~~paragraph (a), clause (7)~~ was in any of the following categories 
  6.26  under clauses (1) to (3) during one or more months, before or 
  6.27  after July 1, 2003, is eligible for assistance under a hardship 
  6.28  extension for a period of time equal to the number of months 
  6.29  that were counted toward the 60-month time limit during the time 
  6.30  the participant was: 
  6.31     (1) exempt from employment and training requirements under 
  6.32  section 256J.56; 
  6.33     (2) earning income and participating in work activities, as 
  6.34  defined in section 256J.49, subdivision 13, for at least 40 
  6.35  hours per week for a two-parent family, 20 hours per week for a 
  6.36  single-parent family with a child under six years of age, or 30 
  7.1   hours per week for a single-parent family with all children age 
  7.2   six or older; or 
  7.3      (3) in an education or training program, including, but not 
  7.4   limited to, an English as a second language (ESL) program, in 
  7.5   which the combination of work activities and education are at 
  7.6   least 40 hours per week for a two-parent family, 20 hours per 
  7.7   week for a single-parent family with a child under age six 
  7.8   years, or 30 hours per week for a single-parent family with all 
  7.9   children age six years or older.  
  7.10     For clauses (2) and (3), if the individualized plan 
  7.11  requires fewer hours of work activities, then it is the number 
  7.12  of hours required in the plan. 
  7.13     At the time of the case review, a county agency must 
  7.14  explain to the participant the basis for receiving a hardship 
  7.15  extension based on the accrual of exempt months.  The 
  7.16  participant must provide documentation necessary to enable the 
  7.17  county agency to determine whether the participant is eligible 
  7.18  to receive a hardship extension based on the accrual of exempt 
  7.19  months or authorize a county agency to verify the information. 
  7.20     Sec. 6.  Minnesota Statutes 2002, section 256J.425, 
  7.21  subdivision 6, is amended to read: 
  7.22     Subd. 6.  [SANCTIONS FOR EXTENDED CASES.] (a) If one or 
  7.23  both participants in an assistance unit receiving assistance 
  7.24  under subdivision 3 or 4 are not in compliance with the 
  7.25  employment and training service requirements in sections 256J.52 
  7.26  to 256J.55, the sanctions under this subdivision apply.  For a 
  7.27  first occurrence of noncompliance, an assistance unit must be 
  7.28  sanctioned under section 256J.46, subdivision 1, paragraph (d), 
  7.29  clause (1).  For a second or ~~third~~ subsequent occurrence of 
  7.30  noncompliance, the assistance unit must be sanctioned under 
  7.31  section 256J.46, subdivision 1, paragraph (d), clause (2).  ~~For~~ 
  7.32  ~~a fourth occurrence of noncompliance, the assistance unit is~~ 
  7.33  ~~disqualified from MFIP.  If a participant is determined to be~~ 
  7.34  ~~out of compliance, the participant may claim a good cause~~ 
  7.35  ~~exception under section 256J.57, however, the participant may~~ 
  7.36  ~~not claim an exemption under section 256J.56.~~  
  8.1      (b) If both participants in a two-parent assistance unit 
  8.2   are out of compliance at the same time, it is considered one 
  8.3   occurrence of noncompliance.  
  8.4      Sec. 7.  [REPEALER.] 
  8.5      (a) Minnesota Statutes 2002, section 256J.425, subdivision 
  8.6   7, is repealed. 
  8.7      (b) Laws 1997, chapter 203, article 9, section 21, as 
  8.8   amended by Laws 1998, chapter 407, article 6, section 111, Laws 
  8.9   2000, chapter 488, article 10, section 28, and Laws 2001, First 
  8.10  Special Session chapter 9, article 10, section 62, is repealed.