PRINTER'S NO. 231
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
237
Session of
2015
INTRODUCED BY HEFFLEY, BLOOM, BARRAR, KAUFFMAN, DIAMOND,
MILLARD, A. HARRIS, TOOHIL, D. COSTA, KRIEGER, MENTZER,
TOEPEL, O'NEILL, GROVE, CUTLER, TALLMAN, OBERLANDER,
MARSHALL, SAYLOR, SANKEY, FEE, MAHONEY, COX AND EMRICK,
JANUARY 27, 2015
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 27, 2015
AN ACT
Requiring identification of lawful presence in the United States
as a prerequisite to the receipt of public benefits;
prohibiting issuance of access devices to certain persons;
and providing for the offense of possession of access device
by certain persons.
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:
"Access device." The Pennsylvania ACCESS card or electronic
benefit transfer card.
"Affidavit." An unsworn statement that is made subject to
the penalties of 18 Pa.C.S. § 4904 (relating to unsworn
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falsification to authorities).
"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 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
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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) 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)).
(v) Nutrition programs enumerated in section
742(b)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-
193, 8 U.S.C. § 1615(b)(2)).
(vi) Programs providing assistance in the form of
food or food vouchers, including, but not limited to, the
Special Supplemental Nutrition Program for Women, Infants
and Children.
(vii) Protective services provided under the act of
November 6, 1987 (P.L.381, No.79), known as the Older
Adults Protective Services Act, and the act of October 7,
2010 (P.L.484, No.70), known as the Adult Protective
Services Act.
(viii) Services provided to a victim of a severe
form of trafficking in persons as defined under 22 U.S.C.
§ 7105(b)(1)(C) (relating to protection and assistance
for victims of trafficking).
(ix) Unemployment benefits for an alien who has
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obtained employment authorization from the Department of
Homeland Security.
"Unauthorized alien." An alien who is not eligible for any
state or local public benefits under section 411(a) of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (Public Law 104-193, 8 U.S.C. § 1621(a)).
Section 3. Identification and eligibility.
(a) Requirements.--A person who applies directly to an
agency for public benefits shall provide proof of identification
and proof of eligibility in accordance with this section.
(b) Proof of identification.--
(1) Except as provided in paragraph (2), a person under
subsection (a) must 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 document from an agency of the United States
or a state National Guard establishing that the person is
a current member of or a veteran of the United States
Armed Forces or National Guard.
(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
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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) or a subsequent version of
that Attorney General's order.
(2) If the person does not possess a form of
identification listed in paragraph (1), the person must
provide, in person, by mail or by electronic means, an
affidavit stating that the person does not possess a form of
identification listed in paragraph (1).
(c) Proof of eligibility.--To demonstrate eligibility, a
person under subsection (a) must provide in person, by mail or
by electronic means one of the following to the agency:
(1) An affidavit stating that the person is a United
States citizen.
(2) An affidavit stating that the person is eligible for
State or local benefits under section 411(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104-193, 8 U.S.C. § 1621(a)).
(d) Recordkeeping of affidavits.--The agency shall maintain
the affidavits required under subsections (b) and (c) in
accordance with the applicable records retention schedule.
(e) 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.
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(5) A person whose citizenship has been verified
pursuant to section 1902(ee) of the Social Security Act (49
Stat. 620, 42 U.S.C. § 1396a(ee)).
(6) A person who declares by affidavit that, because of
domestic violence, the person does not currently possess any
of the identification documents listed in subsection (a)(1).
The domestic violence shall be verified using state standards
developed under section 402(a)(7) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104-193, 42 U.S.C. § 602(a)(7)).
Section 4. Verification through SAVE program.
(a) General rule.--An agency that administers public
benefits shall verify, through the Systematic Alien Verification
for Entitlements (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 under section 3(c) 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 executed
under section 3(c) may be presumed to be proof of lawful
presence for purposes of this act.
Section 5. Issuance of access devices to persons who are not
lawfully present in the United States prohibited.
An agency may not issue an access device to a person who is
not lawfully present in the United States as determined by
Federal immigration officials.
Section 6. Possession or use of access device by persons who
are not lawfully present in the United States.
(a) Offense defined.--A person commits an offense if the
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person is not lawfully present in the United States as
determined by Federal immigration officials and possesses or
uses an access device.
(b) Separate offenses.--Each time a person possesses or uses
an access device in violation of subsection (a) constitutes a
separate offense under this section.
(c) Grading.--A person who violates subsection (a) commits a
felony of the third degree.
Section 7. False statements.
A person who knowingly and willfully makes a false,
fictitious or fraudulent statement of representation in an
affidavit executed under section 3 may be subject to prosecution
under 18 Pa.C.S. § 4904 (relating to unsworn falsification to
authorities).
Section 8. Nondiscrimination.
This act shall be enforced without regard to race, religion,
gender, ethnicity or national origin.
Section 9. Systematic Alien Verification for Entitlements
(SAVE) program.
(a) Reporting.--If an agency encounters errors and
significant delays when using the Systematic Alien Verification
for Entitlements (SAVE) program under section 4 the agency shall
report the errors and delays to the United States Department of
Homeland Security and to the Attorney General.
(b) Monitoring.--The Attorney General shall monitor the
Systematic Alien Verification for Entitlements (SAVE) program
and its verification application for errors and significant
delays and report yearly on the errors and significant delays to
ensure that the application of the Systematic Alien Verification
for Entitlements (SAVE) program is not wrongfully denying
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benefits to legal residents of this Commonwealth.
Section 10. Notification to the Governor's Office of
Administration and posting on PennWATCH.
(a) General rule.--An agency, upon determining that public
money has been expended on or public benefits provided to an
unauthorized alien shall prepare an invoice listing the cost of
the expenditures or benefits. The agency shall transmit the
invoice along with any identifying information concerning the
unauthorized alien to the Governor's Office of Administration
for inclusion in the publicly accessible Internet website known
as PennWATCH.
(b) Access.--The Governor's Office of Administration shall
provide access to the invoices pursuant to the act of February
14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(c) Definitions.--As used in this section the term "public
money" includes the cost of arrest, prosecution, incarceration
or detainment of an unauthorized alien and any related expenses.
Section 11. Applicability.
(a) General rule.--Except as otherwise provided in
subsection (b), 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.
(b) Federal funding and law.--This act shall not apply to
applications for public benefits and renewal of public benefits
filed directly with an agency if compliance with this act would
lead to loss of Federal funding or be in conflict with any
Federal law.
Section 12. Effective date.
This act shall take effect in 120 days.
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