HOUSE AMENDED

 

PRIOR PRINTER'S NOS. 152, 1240

PRINTER'S NO.  1838

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

9

Session of

2011

  

  

INTRODUCED BY SCARNATI, CORMAN, BROWNE, WAUGH, ROBBINS, GORDNER, ERICKSON, YAW, ARGALL, FOLMER, ORIE, VOGEL, BAKER, ALLOWAY, D. WHITE, PIPPY, BRUBAKER, RAFFERTY, EICHELBERGER, VANCE, MENSCH, McILHINNEY, PICCOLA, KASUNIC, SOLOBAY, BOSCOLA AND WOZNIAK, JANUARY 19, 2011

  

  

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 6, 2011   

  

  

  

AN ACT

  

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Requiring identification of lawful presence in the United States

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as a prerequisite to the receipt of public benefits; 

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prohibiting issuance of access devices to certain persons;

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and providing for the offense of possession of access device

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by certain persons.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the Proof of

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Citizenship for Receipt of Public Benefits Act.

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Section 2.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Access device."  The Pennsylvania ACCESS card or electronic

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benefit transfer card.

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"Affidavit."  An unsworn statement that is made subject to

 


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the penalties of 18 Pa.C.S. § 4904 (relating to unsworn

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falsification to authorities).

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"Agency."  An agency as defined under 2 Pa.C.S. § 101 

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(relating to definitions).

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"Person."  An individual.

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"Public benefits."

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(1)  Any of the following:

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(i)  A grant, contract or loan provided by an agency

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of the Commonwealth or local government.

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(ii)  Any welfare, health, disability, public or

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assisted housing, postsecondary education, food

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assistance, unemployment benefit or any other similar

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benefit for which payments or assistance are provided to

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an individual, household or family eligibility unit by an

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agency of the Commonwealth or local government.

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(2)  The term does not include any of the following:

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(i)  Benefits listed under section 411(b) of the

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Personal Responsibility and Work Opportunity

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Reconciliation Act of 1996 (Public Law 104-193, 8 U.S.C.

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§ 1621(b)).

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(ii)  A contract, professional license or commercial

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license for a nonimmigrant whose visa for entry is

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related to such employment in the United States or to a

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citizen of a freely associated state, if section 141 of

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the applicable compact of free association approved under

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the Compact of Free Association Act of 1985 (Public Law

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99-239, 99 Stat. 1770) or the Joint Resolution to approve

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the "Compact of Free Association" between the United

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States and the Government of Palau, and for other

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purposes (Public Law 99-658, 100 Stat. 3672) or a

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successor provision, is in effect.

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(iii)  Benefits for an alien who as a work-authorized

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nonimmigrant or as an alien lawfully admitted for

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permanent residence under the Immigration and Nationality

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Act (66 Stat. 163, 8 U.S.C. § 1101 et seq.) qualified for

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such benefits and for whom the United States under

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reciprocal treaty agreements is required to pay benefits,

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as determined by the Secretary of State, after

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consultation with the Attorney General of the United

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States.

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(iv)  A professional license or a renewed

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professional license issued to a foreign national not

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physically present in the United States.

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(v) (iv)  Any Federal public benefit under section

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401(c) of the Personal Responsibility and Work

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Opportunity Reconciliation Act of 1996 (Public Law

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104-193, 8 U.S.C. § 1611(c)).

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(vi) (v)  Nutrition programs enumerated in section

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742(b)(2) of the Personal Responsibility and Work

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Opportunity Reconciliation Act of 1996 (Public Law

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104-193, 8 U.S.C. § 1615(b)(2)).

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(vii) (vi)  Programs providing assistance in the form

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of food or food vouchers, including, but not limited to,

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the Special Supplemental Nutrition Program for Women,

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Infants and Children.

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(viii) (vii)  Protective services provided under the

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act of November 6, 1987 (P.L.381, No.79), known as the

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Older Adults Protective Services Act, and the act of

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October 7, 2010 (P.L.484, No.70), known as the Adult

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Protective Services Act.

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(ix) (viii)  Services provided to a victim of a

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severe form of trafficking in persons as defined under 22

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U.S.C. § 7105(b)(1)(C) (relating to protection and

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assistance for victims of trafficking).

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(ix)  Unemployment benefits for an alien who has

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obtained employment authorization from the Department of

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Homeland Security.

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"Unauthorized alien."  An alien who is not eligible for any

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state or local public benefits under section 411(a) of the

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Personal Responsibility and Work Opportunity Reconciliation Act

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of 1996 (Public Law 104-193, 8 U.S.C. § 1621(a)).

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Section 3.  Identification required.

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(a)  General rule.--A person who applies directly to an

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agency for public benefits shall:

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(1)  Provide, in person, by mail or by electronic means,

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one of the following forms of identification to the agency:

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(i)  a valid driver's license or identification card

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issued by the Department of Transportation;

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(ii)  a valid identification card issued by any other

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agency of the Commonwealth;

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(iii)  a valid identification card issued by the

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United States Government, a state government or the

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Canadian Government;

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(iv)  a valid United States passport;

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(v)  a document from an agency of the United States

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or a State national guard establishing that the person is

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a current member of or a veteran of the United States

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Armed Forces or National Guard;

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(vi)  a form of identification as listed in United

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States Attorney General's Order Number 2129-97 Interim

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Guidance on Verification of Citizenship, Qualified Alien

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Status and Eligibility Under Title IV of the Personal

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Responsibility and Work Opportunity Reconciliation Act of

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1996, as issued by the Department of Justice at 62 Fed.

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Reg. 61,344 (Nov. 17, 1997) or a subsequent version of

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that Attorney General's document.

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(2)  Execute an affidavit stating that the person is a

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United States citizen or legal permanent resident or is

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otherwise lawfully present in the United States under Federal

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law. The affidavit shall be provided, in person, by mail or

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by electronic means, to the agency.

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(b)  Recordkeeping of affidavit.--The agency shall maintain

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the affidavit required under subsection (a)(2) in accordance

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with the applicable records retention schedule.

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Section 3.  Identification and eligibility.

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(a)  Requirements.--A person who applies directly to an

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agency for public benefits shall provide proof of identification

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and proof of eligibility in accordance with this section.

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(b)  Proof of identification.--

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(1)  Except as provided in paragraph (2), a person under

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subsection (a) must provide, in person, by mail or by

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electronic means, one of the following forms of

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identification to the agency:

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(i)  A valid driver's license or identification card

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issued by the Department of Transportation.

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(ii)  A valid identification card issued by any other

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agency of the Commonwealth.

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(iii)  A valid identification card issued by the

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United States Government, a state government or the

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Canadian Government.

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(iv)  A valid United States passport.

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(v)  A document from an agency of the United States

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or a state National Guard establishing that the person is

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a current member of or a veteran of the United States

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Armed Forces or National Guard.

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(vi)  A form of identification as listed in United

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States Attorney General's Order Number 2129-97 Interim

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Guidance on Verification of Citizenship, Qualified Alien

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Status and Eligibility Under Title IV of the Personal

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Responsibility and Work Opportunity Reconciliation Act of

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1996, as issued by the Department of Justice at 62 Fed.

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Reg. 61,344 (Nov. 17, 1997) or a subsequent version of

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that Attorney General's order.

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(2)  If the person does not possess a form of

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identification listed in paragraph (1), the person must

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provide, in person, by mail or by electronic means, an

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affidavit stating that the person does not possess a form of

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identification listed in paragraph (1).

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(c)  Proof of eligibility.--To demonstrate eligibility, a

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person under subsection (a) must provide in person, by mail or

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by electronic means one of the following to the agency:

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(1)  An affidavit stating that the person is a United

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States citizen.

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(2)  An affidavit stating that the person is eligible for

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State or local benefits under section 411(a) of the Personal

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Responsibility and Work Opportunity Reconciliation Act of

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1996 (Public Law 104-193, 8 U.S.C. § 1621(a)).

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(d)  Recordkeeping of affidavits.--The agency shall maintain

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the affidavits required under subsections (b) and (c) in

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accordance with the applicable records retention schedule.

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(c) (e)  Exceptions.--Subsection (a) shall not apply to:

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(1)  A person under 18 years of age.

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(2)  A person currently receiving Supplemental Security

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Income or Social Security disability income.

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(3)  A person entitled to or enrolled in Medicare Part A

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or Part B, or both.

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(4)  A person applying for public benefits on behalf of a

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person under 18 years of age.

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(5)  A person whose citizenship has been verified

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pursuant to section 1902(ee) of the Social Security Act (49

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Stat. 620, 42 U.S.C. § 1396a(ee)).

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(6)  A person who declares by affidavit that, because of

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domestic violence, she does not currently possess any of the

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identification documents listed in subsection (a)(1). The

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domestic violence shall be verified using state standards

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developed under section 402(a)(7) of the Personal

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Responsibility and Work Opportunity Reconciliation Act of

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1996 (Public Law 104-193, 42 U.S.C. § 602(a)(7)).

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Section 4.  Verification through SAVE program.

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(a)  General rule.--An agency that administers public

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benefits shall verify, through the Systematic Alien Verification

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of Entitlement (SAVE) program operated by the Department of

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Homeland Security or a successor program designated by the

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Department of Homeland Security, that each noncitizen applicant

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who has executed an affidavit under section 3(c) is an alien

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legally present in the United States.

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(b)  Presumption of lawful presence by affidavit.--Until such

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verification of lawful presence is made, the affidavit executed

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under section 3(c) may be presumed to be proof of lawful

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presence for purposes of this act.

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Section 5.  Penalties.

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A person who directly applies to an agency for public

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benefits in violation of section 3 commits an offense under 18

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Pa.C.S. § 4904 (relating to unsworn falsification to

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authorities).

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Section 5.  Issuance of access devices to persons who are not

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lawfully present in the United States prohibited.

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An agency may not issue an access device to a person who is

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not lawfully present in the United States as determined by

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Federal immigration officials.

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Section 6.  Possession or use of access device by persons who

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are not lawfully present in the United States.

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(a)  Offense defined.--A person commits an offense if the

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person is not lawfully present in the United States as

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determined by Federal immigration officials and possesses or

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uses an access device.

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(b)  Separate offenses.--Each time a person possesses or uses

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an access device in violation of subsection (a) constitutes a

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separate offense under this section.

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(c)  Grading.--A person who violates subsection (a) commits a

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felony of the third degree.

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Section 7.  False statements.

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A person who knowingly and willfully makes a false,

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fictitious or fraudulent statement of representation in an

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affidavit executed under section 3 may be subject to prosecution

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under 18 Pa.C.S. § 4904 (relating to unsworn falsification to

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authorities).

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Section 8.  Nondiscrimination.

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This act shall be enforced without regard to race, religion,

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gender, ethnicity or national origin.

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Section 9.  Systematic Alien Verification for Entitlements

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(SAVE) program.

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(a)  Reporting.--If an agency encounters errors and

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significant delays when using the Systematic Alien Verification

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for Entitlements (SAVE) program under section 4 the agency shall

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report the errors and delays to the United States Department of

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Homeland Security and to the Attorney General.

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(b)  Monitoring.--The Attorney General shall monitor the

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Systematic Alien Verification for Entitlements (SAVE) program

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and its verification application for errors and significant

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delays and report yearly on the errors and significant delays to

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ensure that the application of the Systematic Alien Verification

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for Entitlements (SAVE) program is not wrongfully denying

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benefits to legal residents of this Commonwealth.

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Section 10.  Notification to the Governor's Office of

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Administration and posting on PennWATCH.

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(a)  General rule.--An agency, upon determining that public

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money has been expended on or public benefits provided to an

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unauthorized alien shall prepare an invoice listing the cost of

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the expenditures or benefits. The agency shall transmit the

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invoice along with any identifying information concerning the

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unauthorized alien to the Governor's Office of Administration

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for inclusion in the publicly accessible Internet website known

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as PennWATCH.

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(b)  Access.--The Governor's Office of Administration shall

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provide access to the invoices pursuant to the act of February

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14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

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(c)  Definitions.--As used in this section the term "public

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money" includes the cost of arrest, prosecution, incarceration

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or detainment of an unauthorized alien and any related expenses.

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Section 6 11.  Applicability.

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(a)  General rule.--Except as otherwise provided in

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subsection (b), this act shall apply to applications for public

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benefits and renewal of public benefits filed directly with an

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agency after the effective date of this section.

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(b)  Federal funding and law.--This act shall not apply to

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applications for public benefits and renewal of public benefits

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filed directly with an agency if compliance with this act would

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lead to loss of Federal funding or be in conflict with any

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Federal law.

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Section 7 20.  Effective date.

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This act shall take effect in 120 days.

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