PRIOR PRINTER'S NO. 763 PRINTER'S NO. 1771
No. 9 Session of 2007
INTRODUCED BY SCARNATI, PILEGGI, ARMSTRONG, CORMAN, PUNT,
GORDNER, MADIGAN, ROBBINS, ORIE, RAFFERTY, WAUGH, FOLMER,
ERICKSON, McILHINNEY, WONDERLING, BROWNE, D. WHITE,
EICHELBERGER, VANCE, REGOLA, KASUNIC, BOSCOLA, LAVALLE,
LOGAN, MUSTO, PICCOLA, BAKER, PIPPY AND GREENLEAF,
MARCH 29, 2007
SENATOR PICCOLA, STATE GOVERNMENT, AS AMENDED, FEBRUARY 12, 2008
AN ACT
1 Requiring identification of lawful presence in the United States
2 as a prerequisite to the receipt of public benefits.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Proof of
7 Citizenship for Receipt of Public Benefits Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Agency." An agency as defined under 2 Pa.C.S. § 101
13 (relating to definitions).
14 "Public benefits." Any of the following: <--
15 (1) A grant, contract, loan, professional license or
1 "PUBLIC BENEFITS." <--
2 (1) ANY OF THE FOLLOWING:
3 (I) A GRANT, CONTRACT, LOAN, PROFESSIONAL LICENSE OR
4 commercial license provided by an agency of the
5 Commonwealth or local government. or by appropriated <--
6 funds of the Commonwealth or local government.
7 (2) Any retirement, welfare, health, disability, public
8 (II) ANY RETIREMENT, WELFARE, HEALTH, DISABILITY, <--
9 PUBLIC or assisted housing, postsecondary education, food
10 assistance, unemployment benefit or any other similar
11 benefit for which payments or assistance are provided to
12 an individual, household or family eligibility unit by an
13 agency of the Commonwealth or local government. or by <--
14 appropriated funds of the Commonwealth or local
15 government.
16 The term does not include any benefits listed under section
17 (2) THE TERM DOES NOT INCLUDE ANY OF THE FOLLOWING: <--
18 (I) BENEFITS LISTED UNDER SECTION 411(b) of the
19 Personal Responsibility and Work Opportunity
20 Reconciliation Act of 1996 (Public Law 104-193, 8 U.S.C.
21 § 1621(b)).
22 (II) A CONTRACT, PROFESSIONAL LICENSE OR COMMERCIAL <--
23 LICENSE FOR A NONIMMIGRANT WHOSE VISA FOR ENTRY IS
24 RELATED TO SUCH EMPLOYMENT IN THE UNITED STATES OR TO A
25 CITIZEN OF A FREELY ASSOCIATED STATE, IF SECTION 141 OF
26 THE APPLICABLE COMPACT OF FREE ASSOCIATION APPROVED UNDER
27 THE COMPACT OF FREE ASSOCIATION ACT OF 1985 (PUBLIC LAW
28 99-239, 99 STAT. 1770) OR THE JOINT RESOLUTION TO APPROVE
29 THE "COMPACT OF FREE ASSOCIATION" BETWEEN THE UNITED
30 STATES AND THE GOVERNMENT OF PALAU, AND FOR OTHER
20070S0009B1771 - 2 -
1 PURPOSES (PUBLIC LAW 99-658, 100 STAT. 3672) OR A
2 SUCCESSOR PROVISION, IS IN EFFECT.
3 (III) BENEFITS FOR AN ALIEN WHO AS A WORK-AUTHORIZED
4 NONIMMIGRANT OR AS AN ALIEN LAWFULLY ADMITTED FOR
5 PERMANENT RESIDENCE UNDER THE IMMIGRATION AND NATIONALITY
6 ACT (66 STAT. 163, 8 U.S.C. § 1101 ET SEQ.) QUALIFIED FOR
7 SUCH BENEFITS AND FOR WHOM THE UNITED STATES UNDER
8 RECIPROCAL TREATY AGREEMENTS IS REQUIRED TO PAY BENEFITS,
9 AS DETERMINED BY THE SECRETARY OF STATE, AFTER
10 CONSULTATION WITH THE ATTORNEY GENERAL OF THE UNITED
11 STATES.
12 (IV) A PROFESSIONAL LICENSE OR A RENEWED
13 PROFESSIONAL LICENSE ISSUED BY A FOREIGN NATIONAL NOT
14 PHYSICALLY PRESENT IN THE UNITED STATES.
15 (V) ANY FEDERAL PUBLIC BENEFIT UNDER SECTION 401(C)
16 OF THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY
17 RECONCILIATION ACT OF 1996 (PUBLIC LAW 104-193, 8 U.S.C.
18 § 1611(C)).
19 Section 3. Identification required.
20 (a) General rule.--A person who is at least 18 years of age <--
21 and applies for public benefits from an agency APPLIES DIRECTLY <--
22 TO AN AGENCY FOR PUBLIC BENEFITS shall:
23 (1) Provide one of the following forms of identification
24 to the agency:
25 (i) a valid driver's license or identification card
26 issued by the Department of Transportation;
27 (ii) a valid identification card issued by any other
28 agency of the Commonwealth;
29 (iii) a valid identification card issued by the
30 United States Government, A STATE GOVERNMENT OR THE <--
20070S0009B1771 - 3 -
1 CANADIAN GOVERNMENT;
2 (iv) a valid United States passport;
3 (v) a valid Armed Forces of the United States
4 identification card; <--
5 (VI) A FORM OF IDENTIFICATION AS LISTED IN UNITED
6 STATES ATTORNEY GENERAL'S ORDER NUMBER 2129-97 INTERIM
7 GUIDANCE ON VERIFICATION OF CITIZENSHIP, QUALIFIED ALIEN
8 STATUS AND ELIGIBILITY UNDER TITLE IV OF THE PERSONAL
9 RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF
10 1996, AS ISSUED BY THE DEPARTMENT OF JUSTICE AT 62 FED.
11 REG. 61,344 (NOV. 17, 1997).
12 (2) Execute an affidavit stating that the person is a
13 United States citizen or legal permanent resident or is
14 otherwise lawfully present in the United States pursuant to
15 Federal law.
16 (b) Recordkeeping of affidavit.--The agency shall maintain
17 the affidavit required under subsection (a)(2) in accordance
18 with the applicable records retention schedule.
19 (C) EXCEPTIONS.--SUBSECTION (A) SHALL NOT APPLY TO: <--
20 (1) A PERSON UNDER 18 YEARS OF AGE.
21 (2) A PERSON CURRENTLY RECEIVING SUPPLEMENTAL SECURITY
22 INCOME.
23 (3) A PERSON ENTITLED TO OR ENROLLED IN MEDICARE PART A
24 OR PART B, OR BOTH.
25 Section 4. Verification through SAVE program.
26 (a) General rule.--An agency that administers public
27 benefits shall verify, through the SAVE SYSTEMATIC ALIEN <--
28 VERIFICATION OF ENTITLEMENT (SAVE) program operated by the
29 Department of Homeland Security, that each OR A SUCCESSOR <--
30 PROGRAM DESIGNATED BY THE DEPARTMENT OF HOMELAND SECURITY, THAT
20070S0009B1771 - 4 -
1 EACH NONCITIZEN applicant who has executed an affidavit is an
2 alien legally present in the United States.
3 (b) Presumption of lawful presence by affidavit.--Until such
4 verification of lawful presence is made, the affidavit may be
5 presumed to be proof of lawful presence for purposes of this
6 act.
7 Section 5. Penalties.
8 A person who applies DIRECTLY APPLIES TO AN AGENCY for public <--
9 benefits from an agency in violation of section 3 commits an <--
10 offense under 18 Pa.C.S. § 4904 (relating to unsworn
11 falsification to authorities).
12 Section 6 29. Applicability. <--
13 This act shall apply to persons who are at least 18 years of <--
14 age and apply for public benefits from an agency as a new or
15 renewal applicant APPLICATIONS FOR PUBLIC BENEFITS AND RENEWAL <--
16 OF PUBLIC BENEFITS FILED DIRECTLY WITH AN AGENCY after the
17 effective date of this section.
18 Section 7 30. Effective date. <--
19 This act shall take effect in 60 120 days. <--
C13L71DMS/20070S0009B1771 - 5 -