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SECOND REGULAR SESSION
HOUSE BILL NO. 2468
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PHELPS.
5921H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 208.009, RSMo, and to enact in lieu thereof one new section relating to
public assistance benefits.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 208.009, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 208.009, to read as follows:
208.009. 1. An individual who is not a United States citizen or a national of the
2 United States shall be not eligible to r eceive food assistance thr ough the Supplemental
3 Nutrition Assistance Pr ogram (SNAP), unless such individual meets the definition of an
4 eligible alien under 7 U.S.C. 2015(f) and meets the definition of a qualified alien under 8
5 U.S.C. 1641(b).
6 2. An individual who is not a United States citizen or a national of the United
7 States shall not be eligible to receiv e medical assistance thr ough MO HealthNet, unless
8 that individual meets the definition of an eligible alien under 42 U.S.C. 1396b(v) and
9 meets the definition of a qualified alien under 8 U.S.C. 1641(b).
10 3. No alien unlawfully present in the United States shall receive any state or local
11 public benefit, except for state or local public benefits that may be of fered under 8 U.S.C.
12 1621(b). Nothing in this section shall be construed to prohibit the rendering of emer gency
13 medical care, prenatal care, services offer ing alternatives to abortion, emer gency assistance,
14 or legal assistance to any person.
15 [ 2. ] 4. As used in this section, "public benefit" means any grant, contract, or loan
16 provided by an agency of state or local government; or any retirement, welfare, health,
17 disability , housing, or food assistance benefit under which payments, assistance, credits, or
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 reduced rates or fees are provided. The term "public benefit" shall not include postsecondary
19 education public benefits as defined in section 173.1 1 10, any municipal permit, or contracts
20 or agreements between public utility providers and their customers or unemployment benefits
21 payable under chapter 288. The unemployment compensation program shall verify the lawful
22 presence of an alien for the purpose of determining eligibility for benefits in accordance with
23 its own procedures.
24 [ 3. ] 5. In addition to providing proof of other eligibility requirements, at the time of
25 application for any state or local public benefit, an applicant [ who is eighteen years of age or
26 older ] shall provide affir mative proof that the applicant is a United States citizen [ or a
27 permanent resident of the United States or is lawfully present in the United States ] , United
28 States national, or alien with an immigration status eligible for public benefits . Such
29 af firmative proof shall include documentary evidence recognized by the department of
30 revenue when processing an application for a driver's license, a Missouri driver's license, as
31 well as any document issued by the federal government that confirms an alien's lawful
32 presence in the United States and alien status that is eligible for public benefits . [ In
33 processing applications for public benefits, an employee of an agency of state or local
34 government shall not inquire about the legal status of a custodial parent or guardian applying
35 for a public benefit on behalf of his or her dependent child who is a citizen or permanent
36 resident of the United States.
37 4. ] 6. An applicant who cannot provide the proof required under this section at the
38 time of application may alternatively sign an af fidavit under oath, attesting to either United
39 States citizenship or classification by the United States as an alien lawfully admitted [ for
40 permanent residence ] and eligible for public benefits , in order to receive temporary benefits
41 or a temporary identification document as provided in this section. The af fidavit shall be on
42 or consistent with forms prepared by the state or local government agency administering the
43 state or local public benefits and shall include the applicant's Social Security number or any
44 applicable federal identification number and an explanation of the penalties under state law
45 for obtaining public assistance benefits fraudulently .
46 [ 5. ] 7. An applicant who has provided the sworn af fidavit required under subsection
47 [ 4 ] 6 of this section is eligible to receive temporary public benefits as follows:
48 (1) (a) For the minimum period requi red under federal or , if no minimum
49 period is requ ired under federal law , for ninety days or until such time that it is determined
50 that the applicant is not lawfully present in the United States or otherwise ineligible for
51 public benefits due to immigration status , whichever is earlier; or
52 [ (2) ] (b) Indefinitely if the applicant provides a copy of a completed application for a
53 birth certificate that is pending in Missouri or some other state. An extension granted under
54 this subsection shall terminate upon the applicant's receipt of a birth certificate or a
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55 determination that a birth certificate does not exist because the applicant is not a United States
56 citizen.
57 (2) Failur e to submit acceptable documentation establishing United States
58 citizenship, United States national status, or alien status eligible for such public benefits
59 within the temporary eligibility period shall res ult in denial or termination of public
60 benefits.
61 (3) No additional period of eligibility for temporary benefits shall be granted to
62 any application who has pr eviously been denied public benefits at any time due to a
63 failur e to verify United States citizenship, United States national status, or alien status
64 eligible for such public benefits.
65 [ 6. ] 8. An applicant who is an alien shall not receive any state or local public benefit
66 unless the alien's lawful presence in the United States is first verified by the federal
67 government. State and local agencies administering public benefits in this state shall
68 cooperate with the United States Department of Homeland Security in achieving verification
69 of an alien's lawful presence in the United States in furtherance of this section. The system
70 utilized [ may ] shall include , but not be limited to, the Systematic Alien V erification for
71 Entitlements Program operated by the United States Department of Homeland Security .
72 [ After an applicant's lawful presence in the United States has been verified through the
73 Systematic Alien V erification for Entitlements Program, no additional verification is required
74 within the same agency of the state or local government. ]
75 9. A match thr ough any electr onic or data verification system shall not, by itself,
76 be accepted as pr oof of identity . Every applicant for public benefits shall be requi red to
77 pr ovide documentary pro of of United States citizenship, United States national status,
78 or alien status eligible for such public benefits under subsection 5 of this section.
79 [ 7. ] 10. The provisions of this section shall not be construed to require any nonprofit
80 or ganization duly registered with the Internal Revenue Service to enforce the provisions of
81 this section, nor does it prohibit such an or ganization from providing aid.
82 [ 8. ] 1 1. Any agency that administers public benefits shall provide assistance in
83 obtaining appropriate documentation to persons applying for public benefits who sign the
84 af fidavit required by subsection 4 of this section stating they are eligible for such benefits but
85 lack the documents required under subsection 3 of this section.
86 12. The MO HealthNet division shall requ ire a field for citizenship or
87 immigration status on all pr esumptive eligibility applications. The division shall requi re
88 hospitals, clinics, and other qualified entities authorized to conduct presum ptive
89 eligibility determinations to collect and transmit attestations of citizenship or eligible
90 immigration status to the division. No pr esumptive eligibility application shall be
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91 appr oved unless the applicant certifies that the applicant is a United States citizen,
92 United States national, or alien with eligible immigration status for MO HealthNet.
93 13. Any agency that administers public benefits shall verify that the applicant or
94 enr ollee of that public benefit is a United States citizen, United States national, or an
95 eligible alien for such public benefit thr ough the Systematic Alien V erification for
96 Entitlements Pr ogram operated by the United States Department of Homeland Security
97 and any other verification system at the time of application, at each eligibility
98 r edetermination, and whenever information is rece ived indicating a change in
99 cir cumstances affecting eligibility relat ed to citizenship or immigration status.
100 (1) If verification confirms that an applicant or enr ollee is not lawfully pr esent in
101 the United States or no longer qualifies under subsections 1, 2, 3 of this section or any
102 successor pr ovision of state and federal law , the agency that administers that public
103 benefit shall immediately terminate futur e benefits and initiate disenro llment, except as
104 otherwise permitted for temporary benefits under subsection 6 of this section.
105 (2) If any agency that administers public benefits is unable to determine an
106 applicant’ s or enr ollee’ s lawful pre sence after a Systematic Alien V erification for
107 Entitlements Pr ogram query or other authorized verification, the agency shall
10 8 immediately suspend appr oval or continuation of benefits and r efer the case to the
109 United States Department of Homeland Security or other appr opriate federal agency
110 for investigation and enforcem ent action. No public benefits shall be paid or continued
111 unless and until lawful pr esence is conclusively verified, except as otherwise permitted
112 for temporary benefits under subsection 6 of this section.
113 (3) The appr opriate agency for ref erral for an applicant or enr ollee for whom
114 any agency is unable to verify lawful presence shall include, but not be limited to, the
115 United States Department of Agricultur e.
116 14. When administering SNAP benefits, the department of social services shall:
117 (1) Consider the entire income and financial res our ces of any individual
118 r ender ed ineligible to recei ve SNAP benefits under subsection 1 of this section when
119 determining the eligibility and benefit allotment of the household of which such
120 individual is a member; and
121 (2) Notwithstanding any options pr ovided under 7 C.F .R. Section 273.1 1(c)(3),
122 not pr orate or exclude the income or financial re sources of ineligible individuals under
123 subsection 1 of this section. All such income and reso urces shall be fully consider ed.
✔
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