THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, JUNE 29, 2012   

AN ACT

Requiring identification of lawful presence in the United States

as a prerequisite to the receipt of public benefits; 

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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

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

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

obtained employment authorization from the Department of

Homeland Security.

"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

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

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.

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

that Attorney General's document.

(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.

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

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(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, she 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

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 under section 3(c) 3(a) is an

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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) 3(a) may be presumed to be proof of lawful

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presence for purposes of this act.

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

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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

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 5.  Unlawful possession of access device.

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(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 7 6.  False statements.

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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 7.  Nondiscrimination.

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

gender, ethnicity or national origin.

Section 9 8.  Systematic Alien Verification for Entitlements

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(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

benefits to legal residents of this Commonwealth.

Section 10.  Notification to the Governor's Office of

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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 9.  Applicability.

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(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 20 10.  Effective date.

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This act shall take effect in 120 days.