HF 1956

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying citizenship
requirements for the general assistance and MFIP
programs; amending Minnesota Statutes 2004, sections
256D.05, subdivision 8; 256J.11, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 256D.05,
subdivision 8, is amended to read:

Subd. 8.

Citizenship.

(a) Effective July 1, 1997,
citizenship requirements for applicants and recipients under
sections 256D.01 to 256D.03, subdivision 2, and 256D.04 to
256D.21 shall be determined the same as under section 256J.11.
The income and assets of sponsors of noncitizens shall be deemed
available to general assistance applicants and recipients
according to the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Public Law 104-193, title IV,
sections 421 and 422, and subsequently set out in federal rules.

(b) As a condition of eligibility, each legal adult
noncitizen in the assistance unit who has resided in the country
for deleted text begin four years deleted text end new text begin one year new text end or more and who is under 70 years of age
must:

(1) be enrolled in a literacy class, English as a second
language class, or a citizen class; new text begin or
new text end

(2) be applying for admission to a literacy class, English
as a second language class, and is on a waiting list deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (3) deleted text end new text begin (c) As a condition of eligibility, each legal adult
noncitizen in the assistance unit who has resided in the country
for four years or more and who is under 70 years of age must:
new text end

new text begin (1) new text end be in the process of applying for a waiver from the
Immigration and Naturalization Service of the English language
or civics requirements of the citizenship test;

deleted text begin (4) deleted text end new text begin (2) new text end have submitted an application for citizenship to
the Immigration and Naturalization Service and is waiting for a
testing date or a subsequent swearing in ceremony; or

deleted text begin (5) deleted text end new text begin (3) new text end have been denied citizenship due to a failure to
pass the test after two attempts or because of an inability to
understand the rights and responsibilities of becoming a United
States citizen, as documented by the Immigration and
Naturalization Service or the county.

deleted text begin If the county social service agency determines that a legal
noncitizen subject to the requirements of this subdivision will
require more than one year of English language training, then
the requirements of clause (1) or (2) shall be imposed after the
legal noncitizen has resided in the country for three years.
deleted text end Individuals who reside in a facility licensed under chapter
144A, 144D, 245A, or 256I are exempt from the requirements of
this section.

Sec. 2.

Minnesota Statutes 2004, section 256J.11,
subdivision 3, is amended to read:

Subd. 3.

Benefits funded with state money.

new text begin (a)
Each new text end legal adult deleted text begin noncitizens deleted text end new text begin noncitizen new text end who deleted text begin have deleted text end new text begin has new text end resided
in the country for deleted text begin four years deleted text end new text begin one year new text end or more as a lawful
permanent resident, whose benefits are funded entirely with
state money, and who deleted text begin are deleted text end new text begin is new text end under 70 years of age, must, as a
condition of eligibility:

(1) be enrolled in a literacy class, English as a second
language class, or a citizen class; new text begin or
new text end

(2) be applying for admission to a literacy class, English
as a second language class, and is on a waiting list deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (3) deleted text end new text begin (b) Each legal adult noncitizen who has resided in the
country for four years or more as a lawful permanent resident,
whose benefits are funded entirely with state money, and who is
under 70 years of age, must, as a condition of eligibility:
new text end

new text begin (1) new text end be in the process of applying for a waiver from the
Immigration and Naturalization Service of the English language
or civics requirements of the citizenship test;

deleted text begin (4) deleted text end new text begin (2) new text end have submitted an application for citizenship to
the Immigration and Naturalization Service and is waiting for a
testing date or a subsequent swearing in ceremony; or

deleted text begin (5) deleted text end new text begin (3) new text end have been denied citizenship due to a failure to
pass the test after two attempts or because of an inability to
understand the rights and responsibilities of becoming a United
States citizen, as documented by the Immigration and
Naturalization Service or the county.

deleted text begin If the county social service agency determines that a legal
noncitizen subject to the requirements of this subdivision will
require more than one year of English language training, then
the requirements of clause (1) or (2) shall be imposed after the
legal noncitizen has resided in the country for three years.
deleted text end Individuals who reside in a facility licensed under chapter
144A, 144D, 245A, or 256I are exempt from the requirements of
this subdivision.