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SECOND REGULAR SESSION [PERFECTED] HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
6262H02.02H HB 2481 House _____________________________________________________ Amendment NO.____ Offered By _____________________________________ ___________________________________ AMEND House Committee Substitute for House Bill No.
2481 103RD GENERAL ASSEMBLY 6262H.02P JOSEPH ENGLER, Chief Clerk AN ACT To repeal section 208.009, RSMo, and to enact in lieu thereof two new sections relating to the supplemental nutrition assistance program.
2481, Page 1, Section 208.009, Line 6, by inserting after the number "2." the following:
Be it enacted by the General Assembly of the state of Missouri, as follows:
4 "An individual who is not a United States citizen or a national of the United States shall not be eligible to receive medical assistance through MO HealthNet, unless such individual meets the definition of an eligible alien under 42 U.S.C.
Section A.
Section 208.009, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 208.009 and 208.019, to read as follows:
208.009.
1.
An individual who is not a United States citizen or a national of the United States shall not be eligible to receive food assistance through the Supplemental Nutrition Assistance Program (SNAP) unless such individual meets the definition of an eligible alien under 7 U.S.C.
2015(f) and meets the definition of a qualified alien under 8 U.S.C.
1641(b).
2.
An individual who is not a United States citizen or a national of the United States shall not be eligible to receive medical assistance through MO HealthNet, unless such individual meets the definition of an eligible alien under 42 U.S.C.
3.
3.";
No alien unlawfully present in the United States shall receive any state or local public benefit, except for state or local public benefits that may be offered under 8 U.S.C.
and Further amend said bill and section, Pages 1-4, by renumbering subsequent subsections accordingly;
1621(b).
and Further amend said bill and section, Page 2, Lines 48-52, by deleting said lines and inserting in lieu thereof the following:
Nothing in this section shall be construed to prohibit the rendering of emergency medical care, prenatal care, services offering alternatives to abortion, emergency assistance, or legal assistance to any person.
"[(2)] (b) [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 of an additional thirty days shall be granted.
[2.] 4.
An extension granted under this subsection shall terminate in thirty days or 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.";
As used in this section, "public benefit" means any grant, contract, or loan provided by an agency of state or local government;
and Further amend said bill and section, Page 3, Line 58, by deleting the word "application" and inserting in lieu thereof the word "applicant";
or any retirement, welfare, health, disability, housing, or food assistance benefit under which payments, assistance, credits, or EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.
and Further amend said bill, page, and section, Line 89, by inserting after the number "(1)" the following:
Matter in bold-face type in the above bill is proposed language.
"An applicant applying for benefits with minor children shall be required to provide documentary proof of relationship to the children or proof of financial responsibility for the children.
HCS HB 2481 2 reduced rates or fees are provided.
The term "public benefit" shall not include postsecondary education public benefits as defined in section 173.1110, any municipal permit, or contracts or agreements between public utility providers and their customers or unemployment benefits payable under chapter 288.
The unemployment compensation program shall verify the lawful presence of an alien for the purpose of determining eligibility for benefits in accordance with its own procedures.
[3.] 5.
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 eighteen years of age or older] shall provide affirmative proof that the applicant is a United States citizen [or a permanent resident of the United States or is lawfully present in the United States], United States national, or alien with an immigration status eligible for public benefits.
Such affirmative proof shall include documentary evidence recognized by the department of revenue when processing an application for a driver's license, a Missouri driver's license, as well as any document issued by the federal government that confirms an alien's lawful presence in the United States and alien status that is eligible for public benefits.
[In processing applications for public benefits, an employee of an agency of state or local government shall not inquire about the legal status of a custodial parent or guardian applying for a public benefit on behalf of his or her dependent child who is a citizen or permanent resident of the United States.
4.] 6.
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 classification by the United States as an alien lawfully admitted [for permanent residence] and eligible for public benefits, 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 or any applicable federal identification number and an explanation of the penalties under state law for obtaining public assistance benefits fraudulently.
[5.] 7.
An applicant who has provided the sworn affidavit required under subsection [4] 5 of this section is eligible to receive temporary public benefits as follows:
(1) (a) For the minimum period required under federal or, if no minimum period is required under federal law, for ninety days or until such time that it is determined that the applicant is not lawfully present in the United States or otherwise ineligible for public benefits due to immigration status, whichever is earlier;
or [(2) Indefinitely] (b) 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 of an additional thirty days shall be granted.
An extension granted under this subsection shall HCS HB 2481 3 terminate in thirty days or 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.
(2) Failure to submit acceptable documentation establishing United States citizenship, United States national status, or alien status eligible for such public benefits within the temporary eligibility period shall result in denial or termination of public benefits.
(3) No additional period of eligibility for temporary benefits shall be granted to any applicant who has previously been denied public benefits at any time due to a failure to verify United States citizenship, United States national status, or alien status eligible for such public benefits.
[6.] 8.
An applicant who is an alien shall not receive any state or local public benefit unless the alien's lawful presence in the United States is first verified by the federal government.
State and local agencies administering public benefits in this state shall cooperate with the United States Department of Homeland Security in achieving verification of an alien's lawful presence in the United States in furtherance of this section.
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The system utilized [may] shall include, but not be limited to, the Systematic Alien Verification for Entitlements Program operated by the United States Department of Homeland Security.
[After an applicant's lawful presence in the United States has been verified through the Systematic Alien Verification for Entitlements Program, no additional verification is required within the same agency of the state or local government.] 9.
A match through any electronic or data verification system shall not, by itself, be accepted as proof of identity.
Every applicant for public benefits shall be required to provide documentary proof of United States citizenship, United States national status, or alien status eligible for such public benefits under subsection 4 of this section.
[7.] 10.
The provisions of this section shall not be construed to require any nonprofit organization duly registered with the Internal Revenue Service to enforce the provisions of this section, nor does it prohibit such an organization from providing aid.
[8.] 11.
Any agency that administers public benefits shall provide assistance in obtaining appropriate documentation to persons applying for public benefits who sign the affidavit required by subsection 4 of this section stating they are eligible for such benefits but lack the documents required under subsection 3 of this section.
12.
Any agency that administers public benefits shall verify that the applicant or enrollee of that public benefit is a United States citizen, United States national, or an eligible alien for such public benefit through the Systematic Alien Verification for Entitlements Program operated by the United States Department of Homeland Security and any other verification system at the time of application, at each eligibility HCS HB 2481 4 redetermination, and whenever information is received indicating a change in circumstances affecting eligibility related to citizenship or immigration status.
(1) An applicant applying for benefits with minor children shall be required to provide documentary proof of relationship to the children or proof of financial responsibility for the children.
(2) If verification confirms that an applicant or enrollee is not lawfully present in the United States or no longer qualifies under subsections 1, 2, 3 of this section or any successor provision of state and federal law, the agency that administers that public benefit shall immediately terminate future benefits and initiate disenrollment, except as otherwise permitted for temporary benefits under subsection 5 of this section.
(2)";
(3) If any agency that administers public benefits is unable to determine an applicant’s or enrollee’s lawful presence after a Systematic Alien Verification for Entitlements Program query or other authorized verification, the agency shall immediately suspend approval or continuation of benefits and refer the case to the United States Department of Homeland Security or other appropriate federal agency for investigation and enforcement action.
and Action Taken___________________________________________ Date __________________ Page 1 of 2 6262H02.02H 2 Further amend said bill, page, and section, by renumbering subsequent subdivisions accordingly;
No public benefits shall be paid or continued unless and until lawful presence is conclusively verified, except as otherwise permitted for temporary benefits under subsection 5 of this section.
and 5 Further amend said bill and section, Page 4, Line 105, by deleting said line and inserting in lieu thereof the following:
(4) The appropriate agency for referral for an applicant or enrollee for whom any agency is unable to verify lawful presence shall include, but not be limited to, the United States Department of Agriculture.
8 "13.
13.
When administering SNAP benefits, the department of social services shall:
When administering SNAP benefits, the department of social services shall:";
(1) Consider the entire income and financial resources of any individual rendered ineligible to receive SNAP benefits under subsection 1 of this section when HCS HB 2481 5 determining the eligibility and benefit allotment of the household of which such individual is a member;
and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
and (2) Notwithstanding any options provided under 7 CFR Section 273.11(c)(3), not prorate or exclude the income or financial resources of ineligible individuals under subsection 1 of this section.
Page 2 of 2
All such income and resources shall be fully considered.
208.019.
1.
The director of the department of social services shall prepare and submit a request for a waiver to the United States Department of Agriculture to authorize the state to operate the supplemental nutrition assistance program (SNAP) in a manner that prioritizes healthy foods and nutritional value, discourages foods that are high in added sugar and ultra processed, and supports Missouri agriculture.
2.
Alterations made under the waiver, if received, shall be designed to support the purchase of a wide variety of whole and minimally processed healthy food categories including, but not limited to:
(1) Fresh fruits and vegetables;
(2) Meat, fish, poultry, and other proteins;
(3) Dairy products;
(4) Whole grains and bread products;
and (5) Legumes.
3.
The director of the department of social services shall explore and recommend other strategies to further incentivize the purchase of fresh fruits, vegetables, and Missouri-produced meat and dairy products within the SNAP program by utilizing and enhancing existing Missouri healthy food education and access programs.