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PRINTER'S NO. 97
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
9
Session of
2017
INTRODUCED BY STEFANO, SCARNATI, FOLMER, GORDNER, ALLOWAY,
WHITE, GREENLEAF, YAW, VOGEL, ARGALL, EICHELBERGER, RAFFERTY,
WARD, HUTCHINSON, VULAKOVICH, WAGNER, SCAVELLO, BROOKS,
AUMENT, BARTOLOTTA, LANGERHOLC, DiSANTO, MARTIN, REGAN AND
YUDICHAK, JANUARY 20, 2017
REFERRED TO STATE GOVERNMENT, JANUARY 20, 2017
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:
"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
falsification to authorities).
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"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 a local government.
(ii) A 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 a 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 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
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permanent residence under the Immigration and Nationality
Act (66 Stat. 163, 8 U.S.C. § 1101 et seq.) qualified for
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 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 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
obtained employment authorization from the Department of
Homeland Security.
Section 3. Identification required.
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(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 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
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
the order.
(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
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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.
(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(a) 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
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under section 3(a) may be presumed to be proof of lawful
presence for purposes of this act.
Section 5. Unlawful possession of access device.
(a) Offense defined.--A person commits an offense if the
person:
(1) possesses an access device while not being an
authorized user;
(2) has procured through fraud or misrepresentation an
access device; or
(3) possesses a counterfeit access device.
(b) Grading.--
(1) Except as otherwise provided in paragraph (3), a
person who violates subsection (a)(1) commits a misdemeanor
of the second degree.
(2) Except as otherwise provided in paragraph (4), a
person who violates subsection (a)(2) or (3) commits a
misdemeanor of the first degree.
(3) A person who violates subsection (a)(1) commits a
misdemeanor of the first degree if the person is not lawfully
present in the United States as determined by Federal
immigration officials.
(4) A person who violates subsection (a)(2) or (3)
commits a felony of the third degree if the person is not
lawfully present in the United States as determined by
Federal immigration officials.
Section 6. 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
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authorities).
Section 7. Nondiscrimination.
This act shall be enforced without regard to race, religion,
gender, ethnicity or national origin.
Section 8. 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 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
benefits to legal residents of this Commonwealth.
Section 9. 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 10. Effective date.
This act shall take effect in 120 days.
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