MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary B
By: Representatives Currie, Boyd, Formby
AN ACT TO BE KNOWN AS THE "PROOF OF CITIZENSHIP FOR RECEIPT OF PUBLIC BENEFITS ACT"; TO REQUIRE PERSONS WHO APPLY DIRECTLY TO A STATE OR LOCAL AGENCY FOR PUBLIC BENEFITS TO PROVIDE CERTAIN FORMS OF IDENTIFICATION TO THE AGENCY AND TO 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; TO PROVIDE FOR CERTAIN EXCEPTIONS TO THOSE REQUIREMENTS; TO REQUIRE AGENCIES THAT ADMINISTER PUBLIC BENEFITS TO VERIFY, THROUGH THE SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT (SAVE) PROGRAM OPERATED BY THE DEPARTMENT OF HOMELAND SECURITY, THAT EACH NONCITIZEN APPLICANT WHO HAS EXECUTED AN AFFIDAVIT IS AN ALIEN LEGALLY PRESENT IN THE UNITED STATES; TO PROVIDE FOR A CRIMINAL PENALTY FOR DIRECTLY APPLYING TO AN AGENCY FOR PUBLIC BENEFITS IN VIOLATION OF THE REQUIREMENTS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the Proof of Citizenship for Receipt of Public Benefits Act.
SECTION 2. 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:
(a) "Agency" means an agency, department or institution of the state government or a local government.
(b) "Person" means an individual.
(c) (i) "Public benefits" means any of the following:
1. A grant, contract or loan provided by an agency.
2. 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.
(ii) The term "public benefits" does not include any of the following:
1. Benefits listed under Section 411(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 8 USCS Section 1621(b)).
2. A contract, professional license or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States.
3. 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 USCS Section 1101 et seq.) qualified for those 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.
4. A professional license or a renewed professional license issued to a foreign national not physically present in the United States.
5. Any federal public benefit under Section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 8 USCS Section 1611(c)).
6. Services provided to women, infants and children through the Special Supplemental Nutrition Program for Women, Infants and Children.
SECTION 3. (1) A person who applies directly to an agency for public benefits shall:
(a) Provide, in person, by mail or by electronic means, one (1) of the following forms of identification to the agency:
(i) A valid driver's license or identification card issued by the Department of Public Safety;
(ii) A valid identification card issued by any other agency of the State of Mississippi;
(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 valid Armed Forces of the United States identification card; or
(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).
(b) 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.
(2) The agency shall maintain the affidavit required under subsection (1)(b) of this section in accordance with the applicable records retention schedule.
(3) Subsection (1) of this section does not apply to:
(a) A person under eighteen (18) years of age.
(b) A person currently receiving Supplemental Security Income or social security disability income.
(c) A person entitled to or enrolled in Medicare Part A or Part B, or both.
(d) A person applying for public benefits on behalf of a person under eighteen (18) years of age.
SECTION 4. (1) 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 is an alien legally present in the United States.
(2) Until the verification of lawful presence is made, the affidavit may be presumed to be proof of lawful presence for purposes of this act.
SECTION 5. A person who directly applies to an agency for public benefits in violation of Section 3 of this act is guilty of violating Section 97-7-10.
SECTION 6. This act shall apply to applications for public benefits and renewal of public benefits filed directly with an agency on or after July 1, 2013.
SECTION 7. This act shall take effect and be in force from and after July 1, 2013.