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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1616
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
7025S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 208.009, RSMo, and to enact in lieu thereof one new section relating to restricting
the availability of public benefits to United States citizens.
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Section A. Section 208.009, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 208.009, 2
to read as follows:3
208.009. 1. No individual who is not a United States 1
citizen or national of the United States shall be eligible 2
to receive food assistance through the Supplemental 3
Nutrition Assistance Program (SNAP), unless that individual 4
meets the definition of an eligible alien pursuant to 7 5
U.S.C. 2015(f) and meets the definition of a qualified alien 6
pursuant to 8 U.S.C. 1641(b). 7
2. No individual who is not a United States citizen or 8
national of the United States shall be eligible to receive 9
medical assistance through MO HealthNet, unless that 10
individual meets the definition of an eligible alien 11
pursuant to 42 U.S.C. 1396b(v) and meets the definition of a 12
qualified alien pursuant to 8 U.S.C. 1641(b). 13
3. No alien unlawfully present in the United States 14
shall receive any state or local public benefit, except for 15
state or local public benefits that may be offered under 8 16
U.S.C. 1621(b). Nothing in this section shall be construed 17
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to prohibit the rendering of emergency medical care, 18
prenatal care, services offering alternatives to abortion, 19
emergency assistance, or legal assistance to any person. 20
[2.] 4. As used in this section, "public benefit" 21
means any grant, contract, or loan provided by an agency of 22
state or local government; or any retirement, welfare, 23
health, disability, housing, or food assistance benefit 24
under which payments, assistance, credits, or reduced rates 25
or fees are provided. The term "public benefit" shall not 26
include postsecondary education public benefits as defined 27
in section 173.1110, any municipal permit, or contracts or 28
agreements between public utility providers and their 29
customers or unemployment benefits payable under chapter 30
288. The unemployment compensation program shall verify the 31
lawful presence of an alien for the purpose of determining 32
eligibility for benefits in accordance with its own 33
procedures. 34
[3.] 5. In addition to providing proof of other 35
eligibility requirements, at the time of application for any 36
state or local public benefit, an applicant [who is eighteen 37
years of age or older] shall provide affirmative proof [that 38
the applicant is] they are a United States citizen [or a 39
permanent resident of the United States or is lawfully 40
present in the United States], a United States national, or 41
an alien with eligible immigration status for public 42
benefits. Such affirmative proof shall include documentary 43
evidence recognized by the department of revenue when 44
processing an application for a driver's license, a Missouri 45
driver's license, as well as any document issued by the 46
federal government that confirms an alien's lawful presence 47
in the United States[. In processing applications for 48
public benefits, an employee of an agency of state or local 49
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government shall not inquire about the legal status of a 50
custodial parent or guardian applying for a public benefit 51
on behalf of his or her dependent child who is a citizen or 52
permanent resident of the United States] and eligible alien 53
status for public benefits. 54
[4.] 6. An applicant who cannot provide the proof 55
required under this section at the time of application may 56
alternatively sign an affidavit under oath, attesting to 57
either United States citizenship or classification by the 58
United States as an alien lawfully admitted [for permanent 59
residence] that is eligible for public benefits, in order to 60
receive temporary benefits or a temporary identification 61
document as provided in this section. The affidavit shall 62
be on or consistent with forms prepared by the state or 63
local government agency administering the state or local 64
public benefits and shall include the applicant's Social 65
Security number or any applicable federal identification 66
number and an explanation of the penalties under state law 67
for obtaining public assistance benefits fraudulently. 68
[5.] 7. (1) An applicant who has provided the sworn 69
affidavit required under subsection [4] 6 of this section is 70
eligible to receive temporary public benefits as follows: 71
[(1)] (a) For the minimum period required under 72
federal law, or if no minimum period is established under 73
federal law, for ninety days or until such time that it is 74
determined that the applicant is not lawfully present in the 75
United States or otherwise ineligible for public benefits 76
due to immigration status, whichever is earlier; or 77
[(2)] (b) Indefinitely if the applicant provides a 78
copy of a completed application for a birth certificate that 79
is pending in Missouri or some other state. An extension 80
granted under this subsection shall terminate upon the 81
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applicant's receipt of a birth certificate or a 82
determination that a birth certificate does not exist 83
because the applicant is not a United States citizen. 84
(2) Failure to submit acceptable documentation 85
establishing United States citizenship, United States 86
national status, or alien status eligible for such public 87
benefits within the temporary eligibility period shall 88
result in denial or termination of public benefits. 89
(3) No additional period of eligibility for temporary 90
benefits shall be granted to any applicant who has 91
previously been denied public benefits at any time due to a 92
failure to verify United States citizenship, United States 93
national status, or alien status eligible for such public 94
benefits. 95
[6.] 8. An applicant who is an alien shall not receive 96
any state or local public benefit unless the alien's lawful 97
presence in the United States is first verified by the 98
federal government. State and local agencies administering 99
public benefits in this state shall cooperate with the 100
United States Department of Homeland Security in achieving 101
verification of an alien's lawful presence in the United 102
States in furtherance of this section. The system utilized 103
[may] shall include, but not be limited to, the Systematic 104
Alien Verification for Entitlements Program operated by the 105
United States Department of Homeland Security. [After an 106
applicant's lawful presence in the United States has been 107
verified through the Systematic Alien Verification for 108
Entitlements Program, no additional verification is required 109
within the same agency of the state or local government.] 110
9. A match through any electronic or data verification 111
system shall not, by itself, be accepted as proof of 112
identity. Every applicant for public benefits shall be 113
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required to provide documentary proof of United States 114
citizenship, United States national status, or alien status 115
eligible for such public benefits pursuant to subsection 5 116
of this section. 117
[7.] 10. The provisions of this section shall not be 118
construed to require any nonprofit organization duly 119
registered with the Internal Revenue Service to enforce the 120
provisions of this section, nor does it prohibit such an 121
organization from providing aid. 122
[8.] 11. Any agency that administers public benefits 123
shall provide assistance in obtaining appropriate 124
documentation to persons applying for public benefits who 125
sign the affidavit required by subsection [4] 6 of this 126
section stating they are eligible for such benefits but lack 127
the documents required under subsection [3] 5 of this 128
section. 129
12. The MO HealthNet division shall require a field 130
for citizenship or immigration status on all presumptive 131
eligibility applications. The division shall require 132
hospitals, clinics, and other qualified entities authorized 133
to conduct presumptive eligibility determinations to collect 134
and transmit attestations of citizenship or eligible 135
immigration status to the division. No presumptive 136
eligibility application shall be approved unless the 137
applicant certifies that they are a United States citizen, 138
United States national, or alien with eligible immigration 139
status for MO HealthNet. 140
13. Any agency that administers public benefits shall 141
verify that the applicant or enrollee of that public benefit 142
is a United States citizen, United States national, or an 143
eligible alien for such public benefit through the 144
Systematic Alien Verification for Entitlements Program 145
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operated by the United States Department of Homeland 146
Security and any other verification system at the time of 147
application, at each eligibility redetermination, and 148
whenever information is received indicating a change in 149
circumstances affecting eligibility related to citizenship 150
or immigration status. 151
(1) If verification confirms that an applicant or 152
enrollee is not lawfully present in the United States or no 153
longer qualifies pursuant to subsections 1, 2, or 3 of this 154
section, or any successor provision of state and federal 155
law, the agency that administers that public benefit shall 156
immediately terminate future benefits and initiate 157
disenrollment, except as otherwise permitted for temporary 158
benefits under subsection 6 of this section. 159
(2) If any agency that administers public benefits is 160
unable to determine an applicant's or enrollee's lawful 161
presence after a Systematic Alien Verification for 162
Entitlements Program query or other authorized verification, 163
the agency shall immediately suspend approval or 164
continuation of benefits and refer the case to the United 165
States Department of Homeland Security or other appropriate 166
federal agency for investigation and enforcement action. No 167
public benefits shall be paid or continued unless and until 168
lawful presence is conclusively verified, except as 169
otherwise permitted for temporary benefits under subsection 170
6 of this section. 171
(3) The appropriate agency for referral for an 172
applicant or enrollee for whom they were unable to verify 173
lawful presence shall include, but not be limited to, the 174
United States Department of Agriculture. 175
14. When administering SNAP benefits, the department 176
of social services shall: 177
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(1) Consider the entire income and financial resources 178
of any individual rendered ineligible to receive SNAP 179
benefits under subsection 1 of this section when determining 180
the eligibility and benefit allotment of the household of 181
which such individual is a member; and 182
(2) Notwithstanding any options provided under 7 CFR 183
Section 273.11(c)(3), not prorate or exclude the income or 184
financial resources of ineligible individuals under 185
subsection 1 of this section. All such income and resources 186
shall be fully considered. 187
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