A BILL TO BE ENTITLED
AN ACT to provide that an applicant for public assistance program benefits must provide proof that the applicant is a united states citizen or, if not a united states citizen, is lawfully present in the united states under federal law; to provide for temporary public assistance benefits to be paid in cases where the applicant cannot provide proof at the time of application; to require certain state agencies to cooperate with local governments and the united states department of homeland security to develop a system for verifying lawful presence in the united states.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 2 of Chapter 108A of the General Statutes is amended by adding the following new section to read:
"§ 108A‑25.4.  Legal presence required for public assistance; exceptions; definitions; proof of legal presence.
(a)	In addition to meeting the existing eligibility requirements for public assistance benefits applied for under this Article, no person who is not a United States citizen or legally present in the United States shall receive medical services under this Article, except for the following:
(1)	Medical Assistance benefits for those residing in long‑term institutional facilities or participating in home and community-based waivers on June 30, 1997, who were eligible for full Medical Assistance benefits shall continue to be eligible for Medical Assistance benefits at State expense if federal financial participation is not available;
(2)	Medical Assistance benefits for those persons who because of alien requirements pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.O. 104‑193) (i) are under the age of 19 years and (ii) would be eligible for full Medical Assistance benefits if the alien requirements prior to the passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 were still in effect. However, those persons upon reaching the age of 19 years shall comply with the provisions of this section; and
(3)	State or local public assistance benefits that are mandated by federal law pursuant to 8 U.S.C.§ 1621.
(b)	The determination of eligibility for public assistance benefits as provided in this Article is subject to the following, as applicable.
(1)	In addition to meeting the existing eligibility requirements of the benefits applied for, no person who is not a United States citizen or legally present in the United States shall receive State or local public assistance under this Article, except for State or local public assistance that is mandated by federal law under 8 U.S.C. § 1621.
(2)	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 19 years of age or older shall provide affirmative proof that the applicant is a United States citizen or is legally present in the United States. The affirmative proof shall consist of any valid document or combination of valid documents recognized by the Division of Motor Vehicles under G.S. 20‑7(b3), or a social security number as verified by the Social Security Administration. An applicant who is under the age of 19 years shall not be required to provide affirmative proof; however, the person upon reaching the age of 19 shall comply with this section.
(3)	An applicant who cannot provide proof that the applicant is a citizen or legally present at the time of application shall sign an affidavit under oath attesting that the applicant is a United States citizen or legally present in the United States in order to receive temporary benefits as provided in this section. The affidavit shall be on or consistent with forms prepared by the State or local government agency administering the public assistance program, and shall be subject to and include an explanation of the penalties under State law for knowingly providing false information on a public document and fraudulently obtaining public assistance benefits. The agency administering the public benefits document shall report in writing to the Attorney General of North Carolina those individuals who are determined to have falsely attested to lawful presence. When an applicant has provided the sworn affidavit required by this subdivision, the applicant shall be eligible to receive temporary public assistance for either:
a.	Ninety days or until such time that it is determined that the applicant is not legally present in the United States, whichever is earlier, or
b.	Indefinitely if the applicant provides a copy of a completed application for a birth certificate that has been filed and is pending and being actively pursued  in accordance with Article 4 of Chapter 130A of the General Statutes or a substantially similar law of another state, the District of Columbia, or United States territory or commonwealth. The extension shall terminate 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.
(c)	Subsection (b) of this section does not apply to persons applying for public assistance benefits exempted by subsection (a) of this section."
SECTION 2.  All State agencies administering programs of public assistance in this State shall cooperate with local governments and the United States Department of Homeland Security to develop a system to facilitate verification of an individual's lawful presence in the United States in furtherance of this act.  The system developed may include all or part of the Systematic Alien Verification Entitlements Program operated by the United States Department of Homeland Security.
SECTION 3.  This act becomes effective January 1, 2006, and applies to applications for public assistance submitted on and after that date.