THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARSICO, BAKER, BARRAR, BOBACK, BOYD, CALTAGIRONE, CAUSER, CUTLER, DELOZIER, ELLIS, EVERETT, FAIRCHILD, GEIST, GILLESPIE, GINGRICH, GOODMAN, GRELL, HARRIS, HELM, HESS, HICKERNELL, HORNAMAN, HUTCHINSON, KAUFFMAN, M. KELLER, KORTZ, KRIEGER, MAHER, MARSHALL, MENSCH, METZGAR, MILLARD, MILLER, MOUL, MUSTIO, D. O'BRIEN, O'NEILL, PAYNE, PHILLIPS, PICKETT, PYLE, QUIGLEY, QUINN, READSHAW, ROCK, SAYLOR, SEIP, SOLOBAY, STEVENSON, TRUE, VULAKOVICH, WATSON AND HENNESSEY, APRIL 27, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 27, 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,

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

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

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.