SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
94TH GENERAL ASSEMBLY
Reported from the Special Committee on Immigration February 28, 2008 with recommendation that House Committee Substitute for House Bill No. 1626 Do Pass. Referred to the Committee on Rules pursuant to Rule 25(21)(f).
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 208, RSMo, by adding thereto one new section relating to public assistance for illegal immigrants.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 208, RSMo, is amended by adding thereto one new section, to be known as section 208.009, to read as follows:
208.009. 1. No person who is not a citizen or a permanent resident of the United States or who does not possess lawful immigration status shall receive any state or local public benefit, as defined in 8 U.S.C. Section 1621(c), under this chapter, except for a state or local public benefit that is specified under 8 U.S.C. Section 1621(b) or otherwise mandated by federal law.
2. In addition to providing proof of other eligibility requirements, at the time of application for any state or local public benefit, an applicant who is nineteen years of age or older shall provide affirmative proof that the applicant is a citizen or a permanent resident of the United States or is lawfully present in the United States. Such affirmative proof shall consist of documentary evidence recognized by the department of revenue when processing an application for a driver's license. A state or local government agency administering state or local public benefits shall accept any identification card issued by a state or local government agency, including a driver's license, to establish identity or determine eligibility for the state or local public benefit if the state or local government agency that issued the card has verified the eligibility of the applicant.
3. An applicant who cannot provide the proof required under this section at the time of application may alternatively sign an affidavit under oath, attesting to either United States citizenship or to classification by the United States as an alien lawfully admitted for permanent residence, in order to receive temporary benefits or a temporary identification document as provided in this section. The affidavit shall be on or consistent with forms prepared by the state or local government agency administering the state or local public benefits and shall include the applicant's Social Security number and an explanation of the penalties under state law for obtaining state or local public benefits fraudulently.
4. An applicant who has provided the sworn affidavit required under subsection 3 of this section is eligible to receive temporary state or local public benefits as follows:
(1) For ninety days or until such time that it is determined the applicant is not lawfully present in the United States, whichever is earlier; or
(2) Indefinitely if the applicant provides a copy of a completed application for a birth certificate that is pending in Missouri or some other state. An extension granted under this subsection shall terminate upon the applicant's receipt of a birth certificate or a determination that a birth certificate does not exist because the applicant is not a United States citizen.
5. Any applicant whose lawful presence in the United States is not established under this section shall be reported to the United States Department of Homeland Security and the United States Department of Citizenship and Immigration Services.
6. Nothing in this section shall be deemed to require any nonprofit organization organized under the Internal Revenue Code to enforce the provisions of this section, nor does it prohibit a nonprofit organization from providing aid.
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