Prohibits the use of SNAP benefits to purchase certain foods

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SECOND REGULAR SESSION [PERFECTED] 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.

Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Section 208.009, RSMo, is repealed and two new sections enacted in lieu 2 thereof, to be known as sections 208.009 and 208.019, to read as follows: 208.009. 1.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 2 United States shall not be eligible to receive food assistance through the Supplemental 3 Nutrition Assistance Program (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 receive medical assistance through MO HealthNet, unless 8 such 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 offered under 8 U.S.C. 12 1621(b). Nothing in this section shall be construed to prohibit the rendering of emergency 13 medical care, prenatal care, services offering alternatives to abortion, emergency 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 EXPLANATION — 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 173.1110, 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 affirmative 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 affirmative 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 affidavit 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 affidavit 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 affidavit required under subsection 47 [4] 5 of this section is eligible to receive temporary public benefits as follows: 48 (1) (a) For the minimum period required under federal or, if no minimum 49 period is required 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) Indefinitely] (b) If the applicant provides a copy of a completed application for 53 a birth certificate that is pending in Missouri or some other state, an extension of an 54 additional thirty days shall be granted. An extension granted under this subsection shall HCS HB 2481 2 55 terminate in thirty days or upon the applicant's receipt of a birth certificate or a 56 determination that a birth certificate does not exist because the applicant is not a United States 57 citizen. 58 (2) Failure to submit acceptable documentation establishing United States 59 citizenship, United States national status, or alien status eligible for such public benefits 60 within the temporary eligibility period shall result in denial or termination of public 61 benefits. 62 (3) No additional period of eligibility for temporary benefits shall be granted to 63 any applicant who has previously been denied public benefits at any time due to a 64 failure to verify United States citizenship, United States national status, or alien status 65 eligible for such public benefits. 66 [6.] 8. An applicant who is an alien shall not receive any state or local public benefit 67 unless the alien's lawful presence in the United States is first verified by the federal 68 government. State and local agencies administering public benefits in this state shall 69 cooperate with the United States Department of Homeland Security in achieving verification 70 of an alien's lawful presence in the United States in furtherance of this section. The system 71 utilized [may] shall include, but not be limited to, the Systematic Alien Verification for 72 Entitlements Program operated by the United States Department of Homeland Security. 73 [After an applicant's lawful presence in the United States has been verified through the 74 Systematic Alien Verification for Entitlements Program, no additional verification is required 75 within the same agency of the state or local government.] 76 9. A match through any electronic or data verification system shall not, by itself, 77 be accepted as proof of identity. Every applicant for public benefits shall be required to 78 provide documentary proof of United States citizenship, United States national status, 79 or alien status eligible for such public benefits under subsection 4 of this section. 80 [7.] 10. The provisions of this section shall not be construed to require any nonprofit 81 organization duly registered with the Internal Revenue Service to enforce the provisions of 82 this section, nor does it prohibit such an organization from providing aid. 83 [8.] 11. Any agency that administers public benefits shall provide assistance in 84 obtaining appropriate documentation to persons applying for public benefits who sign the 85 affidavit required by subsection 4 of this section stating they are eligible for such benefits but 86 lack the documents required under subsection 3 of this section. 87 12. Any agency that administers public benefits shall verify that the applicant or 88 enrollee of that public benefit is a United States citizen, United States national, or an 89 eligible alien for such public benefit through the Systematic Alien Verification for 90 Entitlements Program operated by the United States Department of Homeland Security 91 and any other verification system at the time of application, at each eligibility HCS HB 2481 3 92 redetermination, and whenever information is received indicating a change in 93 circumstances affecting eligibility related to citizenship or immigration status. 94 (1) An applicant applying for benefits with minor children shall be required to 95 provide documentary proof of relationship to the children or proof of financial 96 responsibility for the children. The agency administering the benefits shall promulgate 97 all rules necessary to enforce the provisions of this section. If the applicant is 98 determined to be eligible for benefits, the related children within the household shall 99 also be eligible for such benefits. If the children within the household are determined to 100 be eligible for such benefits but the applicant is not eligible, the benefits shall only be 101 administered to the children. 102 (2) If verification confirms that an applicant or enrollee is not lawfully present in 103 the United States or no longer qualifies under subsections 1, 2, 3 of this section or any 104 successor provision of state and federal law, the agency that administers that public 105 benefit shall immediately terminate future benefits and initiate disenrollment, except as 106 otherwise permitted for temporary benefits under subsection 5 of this section. 107 (3) If any agency that administers public benefits is unable to determine an 108 applicant’s or enrollee’s lawful presence after a Systematic Alien Verification for 109 Entitlements Program query or other authorized verification, the agency shall 110 immediately suspend approval or continuation of benefits and refer the case to the 111 United States Department of Homeland Security or other appropriate federal agency 112 for investigation and enforcement action. No public benefits shall be paid or continued 113 unless and until lawful presence is conclusively verified, except as otherwise permitted 114 for temporary benefits under subsection 5 of this section. 115 (4) The appropriate agency for referral for an applicant or enrollee for whom 116 any agency is unable to verify lawful presence shall include, but not be limited to, the 117 United States Department of Agriculture. 118 13. The MO HealthNet division shall require a field for citizenship or 119 immigration status on all presumptive eligibility applications. The division shall require 120 hospitals, clinics, and other qualified entities authorized to conduct presumptive 121 eligibility determinations to collect and transmit attestations of citizenship or eligible 122 immigration status to the division. No presumptive eligibility application shall be 123 approved unless the applicant certifies that the applicant is a United States citizen, 124 United States national, or alien with eligible immigration status for MO HealthNet. 125 14. When administering SNAP benefits, the department of social services shall: 126 (1) Consider the entire income and financial resources of any individual 127 rendered ineligible to receive SNAP benefits under subsection 1 of this section when HCS HB 2481 4 128 determining the eligibility and benefit allotment of the household of which such 129 individual is a member; and 130 (2) Notwithstanding any options provided under 7 CFR Section 273.11(c)(3), not 131 prorate or exclude the income or financial resources of ineligible individuals under 132 subsection 1 of this section. All such income and resources shall be fully considered. 208.019. 1. The director of the department of social services shall prepare and 2 submit a request for a waiver to the United States Department of Agriculture to 3 authorize the state to operate the supplemental nutrition assistance program (SNAP) in 4 a manner that prioritizes healthy foods and nutritional value, discourages foods that are 5 high in added sugar and ultra processed, and supports Missouri agriculture. 6 2. Alterations made under the waiver, if received, shall be designed to support 7 the purchase of a wide variety of whole and minimally processed healthy food categories 8 including, but not limited to: 9 (1) Fresh fruits and vegetables; 10 (2) Meat, fish, poultry, and other proteins; 11 (3) Dairy products; 12 (4) Whole grains and bread products; and 13 (5) Legumes. 14 3. The director of the department of social services shall explore and recommend 15 other strategies to further incentivize the purchase of fresh fruits, vegetables, and 16 Missouri-produced meat and dairy products within the SNAP program by utilizing and 17 enhancing existing Missouri healthy food education and access programs. ✔ HCS HB 2481 5

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