Bill Text: PA HB44 | 2009-2010 | Regular Session | Introduced

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Bill Title: Requiring verification of the lawful presence in the United States of any natural person 18 years of age or older who has applied for public benefits.

Spectrum: Moderate Partisan Bill (Republican 38-8)

Status: (Introduced - Dead) 2009-01-26 - Referred to HEALTH AND HUMAN SERVICES [HB44 Detail]

Download: Pennsylvania-2009-HB44-Introduced.html

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PRINTER'S NO. 34
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 44 Session of2009
INTRODUCED BY PERRY, METCALFE, CREIGHTON, BAKER, BARRAR, BELFANTI, BOYD, CLYMER, CUTLER, EVERETT, FAIRCHILD, FLECK, GEIST, GIBBONS, GOODMAN, GROVE, HARHART, HARRIS, HUTCHINSON, KAUFFMAN, KORTZ, MARSICO, MICCARELLI, MILLER, MOUL, O'NEILL, PYLE, RAPP, READSHAW, ROAE, ROCK, ROHRER, SAYLOR, SOLOBAY, STEVENSON, SWANGER, TRUE AND VULAKOVICH, JANUARY 26, 2009
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, JANUARY 26, 2009
AN ACT
Requiring verification of the lawful presence in the United
States of any natural person 18 years of age or older who has
applied for 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 Protection 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:
"Governmental entity." Any of the following:
(1) The Commonwealth.
(2) A political subdivision of the Commonwealth.
(3) An agency, authority, board or commission of the
Commonwealth or of a political subdivision.
"Unauthorized alien." An alien who does not have the legal
right or authorization under Federal law to work in the United
States, as defined under section 274A of the Immigration and
Nationality Act (66 Stat. 163, 8 U.S.C. § 1324a(h)(3).
Section 3. Verification.
(a) General rule.--Unless restricted by Federal statute or
court decision, a governmental entity shall verify the lawful
presence in the United States of a natural person 18 years of
age or older who has applied for public benefits.
(b) Nondiscrimination.--This section shall be enforced
without regard to race, religion, gender, ethnicity or national
origin.
(c) Procedure.--Verification of lawful presence in the
United States by a governmental entity may be accomplished as
follows:
(1) the applicant must execute an affidavit that the
applicant is a United States citizen or legal permanent
resident 18 years of age or older; or
(2) the applicant must execute an affidavit that the
applicant is a qualified alien or nonimmigrant under the
Immigration and Nationality Act (66 Stat. 163, 8 U.S.C. §
1101 et seq.), is 18 years of age or older and is lawfully
present in the United States.
(d) Benefit eligibility.--If an applicant has executed an
affidavit that the applicant is an alien lawfully present in the
United States, eligibility for benefits shall be made through
the Systematic Alien Verification for Entitlement program
operated by the United States Department of Homeland Security.
Until the eligibility verification is made, the affidavit may be
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presumed to be proof of lawful presence for the purposes of this
section.
(e) False statements.--A person who knowingly and willfully
makes a false, fictitious or fraudulent statement of
representation in an affidavit executed under subsection (d) may
be subject to prosecution under 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities).
(f) Variations.--A governmental entity may adopt variations
to the requirements of this section to improve efficiency or
reduce delay in the verification process or to provide for
adjudication of unique individual circumstances where the
verification procedures in this section would impose unusual
hardship on a legal resident of this Commonwealth.
(g) Violation.--It shall be unlawful for a governmental
entity to provide any public benefit in violation of this
section.
(h) Notice to Attorney General.--A governmental entity
shall, upon determining that an applicant for public benefits is
an unauthorized alien, report the name and address of the
unauthorized alien to the Attorney General of the Commonwealth.
(i) Report.--All errors and significant delays by the
Systematic Alien Verification for Entitlement program shall be
reported to the United States Department of Homeland Security
and to the Attorney General of the Commonwealth, who will
monitor the Systematic Alien Verification for Entitlements
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 Entitlement program is not
wrongfully denying benefits to legal residents of this
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Commonwealth.
Section 4. Limitation on public benefits.
Unless required by Federal statute or court decision, no
public moneys shall be expended on and no public benefit shall
be provided to an unauthorized alien with the exception of
expenditures for any of the following:
(1) Emergency medical care.
(2) Law enforcement, arrest, prosecution, incarceration,
detainment and related expenses.
Section 5. Notification to Department of Revenue.
(a) General rule.--A governmental entity, upon determining
that public moneys have been expended on or public benefits
provided to an unauthorized alien shall prepare an invoice
listing the cost of those expenditures or benefits. The
governmental entity shall transmit this invoice along with any
identifying information concerning the unauthorized alien to the
Department of Revenue of the Commonwealth.
(b) Definition.--As used in this section, the term "public
moneys" shall include the cost of arrest, prosecution,
incarceration or detainment of an unauthorized alien and any
related expenses.
Section 6. Request for reimbursement of public moneys.
The Department of Revenue shall, upon receipt of an invoice
under section 5, attempt to ascertain the total expenditures of
public money by all governmental entities to benefit the
unauthorized alien during the period the unauthorized alien was
within this Commonwealth and in violation of Federal immigration
laws. The total expenditures shall be listed on a public
benefits statement. The public benefits statement shall be
provided to the United States Department of Homeland Security
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and the United States Department of State for transmission to
the country of origin of the unauthorized alien with a request
that the country reimburse the Commonwealth for the expenses.
Any funds received by the Commonwealth shall be distributed pro
rata to the governmental entities that expended public money to
benefit the unauthorized alien.
Section 7. Private entities expending Commonwealth funds.
(a) General rule.--As a condition of a grant, loan or
authority to expend Commonwealth moneys, a private entity shall
be required to comply with the provisions of this act as if the
entity were a governmental entity.
(b) Violation.--A private entity which fails to comply with
subsection (a) shall be required to repay any grant, loan or
other Commonwealth moneys expended on or funding public benefits
for an unauthorized alien.
(c) Reliance.--A private entity may justifiably rely on the
benefits database under section 8 to determine Federal:
(1) restrictions regarding verification of lawful
presence under section 3; and
(2) requirements regarding public benefits under section
4.
Section 8. Benefits database.
(a) General rule.--The Attorney General shall maintain a
database, based on applicable Federal statutes and court
decisions, which includes information describing Federal:
(1) restrictions regarding verification of lawful
presence under section 3; and
(2) requirements regarding public benefits under section
4.
(b) Availability.--The database shall be made available to
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all of the following:
(1) A governmental entity.
(2) A private entity under section 7.
Section 20. Effective date.
This act shall take effect July 1, 2010, or immediately,
whichever is later.
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