Restrictions on public benefits.

WORKING DRAFT
2007
STATE OF WYOMING
07LSO-0682

HOUSE BILL
NO.
HB0327

Restrictions on public benefits.

Sponsored by:
Representative(s) Cohee, Buchanan and Thompson

A BILL

for

AN ACT relating to
public benefits; requiring verification of lawful presence in the
United States
upon application for public benefits; providing a penalty;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 9
‑
16
‑
101 through 9
‑
16
‑
103 are created to read:

CHAPTER 16
RESTRICTIONS ON PUBLIC BENEFITS

9
‑
16
‑
101.

Definitions.

(a)

As used in this chapter:

(i)

"Emergency medical condition" means as defined in 42 U.S.C. 1396b(v)(3);

(ii)

"Federal public benefits" means as defined in 8 U.S.C. 1611;

(iii)

"State or local public benefits" means as defined in 8 U.S.C. 1621.

9
‑
16
‑
102.

Verification of lawful presence; exceptions; reporting.

(a)

Except as otherwise provided in subsection (c) of this section or where exempted by federal law, each city, town or agency or political subdivision of the state shall verify the lawful presence in the United States of each natural person eighteen (18) years or age o
f
older who applies for state or local public benefits or for federal public benefits for the applicant.

(b)

This section shall be enforced without regard to race, religion, gender, ethnicity or national origin.

(c)

Verification of lawful presence in the
United States
shall not be required:

(i)

For any purpose
for which lawful presence in the
United
States
is not required by law, ordinance or rule;

(ii)

For obtaining health care items and services that are necessary for the treatment of an emergency medical condition of the person involved and are not related to an organ transplant procedure;

(iii)

For short-term, noncash, in-kind emergency disaster relief;

(iv)

For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease;

(v)

For prenatal care; or

(v
i
)

For programs, services or assistance, such as soup kitchens, crises counseling and intervention and short-term shelter specified by federal law or regulation that:

(A)

Deliver in-kind services at the community level, including services through public or nonprofit agencies;

(B)

Do not condition the provision of assistance, the amount of assistance provided or the costs of assistance provided on the individual recipient's income or resources; and

(C)

Are necessary for the protection of li
fe or safety.

(d)

A city, town or agency or political subdivision of the state shall
verify
the lawful presence in the United States of each applicant eighteen (18) years of age or older for federal public benefits or state or local public benefits by requiring the applicant to:

(i)

Execute an affidavit stating that he is a
United
States
citizen or otherwise lawfully present in the
United States
pursuant to federal law and produce:

(A)

A valid
Wyoming
driver's license or
Wyoming
identification card;

(B)

A
United States
military card or a military dependent's identification card;

(C)

A
United States
coast guard merchant mariner card; or

(D)

A
valid
tribal
identification card
.

(e)

A person who knowingly makes a false, fictitious or fraudulent statement or representation in an affidavit executed pursuant to paragraph (d)(i) of this section
is
guilty of a misdemeanor, punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00)
,
or both.

(f)

For an applicant who has executed an affidavit stating that he is an alien lawfully present in the United State
s
, verification of lawful presence f
o
r federal public benefits or state or local public benefits shall be made through the federal systematic alien verification of entitlement program operated by the United States department of homeland security. Until such
verification

of
lawful presence is made, the affidavit may be presumed to be proof of lawful presence for purposes of this section.

(g)

Errors and significant delay by the federal systematic alien verification of entitlement program shall be reported to the
United States
department of homeland security and to the
United States
secretary of state to ensure that the application of the federal systematic alien verification of entitlement program is not wrongfully denying benefits to legal residents of this state.

Section 2.
This act is effective July 1, 2007.

(END)

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HB0327