Bill Text: PA SB9 | 2009-2010 | Regular Session | Introduced

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Bill Title: Requiring identification of lawful presence in the United States as a prerequisite to the receipt of public benefits.

Spectrum: Moderate Partisan Bill (Republican 23-4)

Status: (Engrossed - Dead) 2010-06-14 - Resolution to discharge committee from further consideration of this bill presented [SB9 Detail]

Download: Pennsylvania-2009-SB9-Introduced.html

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PRINTER'S NO. 356
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 9 Session of2009
INTRODUCED BY SCARNATI, CORMAN, ORIE, WAUGH, ROBBINS, BROWNE, PIPPY, RAFFERTY, BAKER, FOLMER, GORDNER, VANCE, VOGEL, McILHINNEY, ERICKSON, WONDERLING, GREENLEAF, PICCOLA, D. WHITE, EICHELBERGER, BRUBAKER, YAW, KASUNIC, LOGAN, WOZNIAK AND BOSCOLA, FEBRUARY 20, 2009
REFERRED TO STATE GOVERNMENT, FEBRUARY 20, 2009
AN ACT
Requiring identification of lawful presence in the United States
as a prerequisite to the receipt of public benefits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Proof of
Citizenship for Receipt of Public Benefits Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." An agency as defined under 2 Pa.C.S. § 101
(relating to definitions).
"Person." An individual.
"Public benefits."
(1) Any of the following:
(i) A grant, contract or loan provided by an agency
of the Commonwealth or local government.
(ii) Any welfare, health, disability, public or
assisted housing, postsecondary education, food
assistance, unemployment benefit or any other similar
benefit for which payments or assistance are provided to
an individual, household or family eligibility unit by an
agency of the Commonwealth or local government.
(2) The term does not include any of the following:
(i) Benefits listed under section 411(b) of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193, 8 U.S.C.
§ 1621(b)).
(ii) A contract, professional license or commercial
license for a nonimmigrant whose visa for entry is
related to such employment in the United States or to a
citizen of a freely associated state, if section 141 of
the applicable compact of free association approved under
the Compact of Free Association Act of 1985 (Public Law
99-239, 99 Stat. 1770) or the Joint Resolution to approve
the "Compact of Free Association" between the United
States and the Government of Palau, and for other
purposes (Public Law 99-658, 100 Stat. 3672) or a
successor provision, is in effect.
(iii) Benefits for an alien who as a work-authorized
nonimmigrant or as an alien lawfully admitted for
permanent residence under the Immigration and Nationality
Act (66 Stat. 163, 8 U.S.C. § 1101 et seq.) qualified for
such benefits and for whom the United States under
reciprocal treaty agreements is required to pay benefits,
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as determined by the Secretary of State, after
consultation with the Attorney General of the United
States.
(iv) A professional license or a renewed
professional license issued to a foreign national not
physically present in the United States.
(v) Any Federal public benefit under section 401(c)
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193, 8 U.S.C.
§ 1611(c)).
(vi) Services provided to women, infants and
children through the Special Supplemental Nutrition
Program for Women, Infants and Children.
Section 3. Identification required.
(a) General rule.--A person who applies directly to an
agency for public benefits shall:
(1) Provide, in person, by mail or by electronic means,
one of the following forms of identification to the agency:
(i) a valid driver's license or identification card
issued by the Department of Transportation;
(ii) a valid identification card issued by any other
agency of the Commonwealth;
(iii) a valid identification card issued by the
United States Government, a state government or the
Canadian Government;
(iv) a valid United States passport;
(v) a valid Armed Forces of the United States
identification card;
(vi) a form of identification as listed in United
States Attorney General's Order Number 2129-97 Interim
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Guidance on Verification of Citizenship, Qualified Alien
Status and Eligibility Under Title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996, as issued by the Department of Justice at 62 Fed.
Reg. 61,344 (Nov. 17, 1997).
(2) Execute an affidavit stating that the person is a
United States citizen or legal permanent resident or is
otherwise lawfully present in the United States under Federal
law. The affidavit shall be provided, in person, by mail or
by electronic means, to the agency.
(b) Recordkeeping of affidavit.--The agency shall maintain
the affidavit required under subsection (a)(2) in accordance
with the applicable records retention schedule.
(c) Exceptions.--Subsection (a) shall not apply to:
(1) A person under 18 years of age.
(2) A person currently receiving Supplemental Security
Income or Social Security disability income.
(3) A person entitled to or enrolled in Medicare Part A
or Part B, or both.
(4) A person applying for public benefits on behalf of a
person under 18 years of age.
Section 4. Verification through SAVE program.
(a) General rule.--An agency that administers public
benefits shall verify, through the Systematic Alien Verification
of Entitlement (SAVE) program operated by the Department of
Homeland Security or a successor program designated by the
Department of Homeland Security, that each noncitizen applicant
who has executed an affidavit is an alien legally present in the
United States.
(b) Presumption of lawful presence by affidavit.--Until such
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verification of lawful presence is made, the affidavit may be
presumed to be proof of lawful presence for purposes of this
act.
Section 5. Penalties.
A person who directly applies to an agency for public
benefits in violation of section 3 commits an offense under 18
Pa.C.S. § 4904 (relating to unsworn falsification to
authorities).
Section 29. Applicability.
This act shall apply to applications for public benefits and
renewal of public benefits filed directly with an agency after
the effective date of this section.
Section 30. Effective date.
This act shall take effect in 120 days.
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