HOUSE BILL NO. 2062 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE THOMAS.
4933H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 173.1110 and 208.009, RSMo, and to enact in lieu thereof two new sections relating to higher education tuition.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 173.1110 and 208.009, RSMo, are repealed and two new sections 2 enacted in lieu thereof, to be known as sections 174.820 and 208.009, to read as follows: 174.820. 1. Notwithstanding any other provision of law to the contrary, for the 2 purposes of tuition, fees, and admission, the governing board of any Missouri higher 3 education institution that receives any state funds shall deem an individual a Missouri 4 resident, unless the individual establishes a residence outside of Missouri, if both of the 5 following conditions are met: 6 (1) The individual graduated from a public or private high school or a home 7 school or received the equivalent of a high school diploma in this state; and 8 (2) In the case of an individual who is not a citizen or a permanent resident of the 9 United States, the individual provides the higher education institution with a written 10 statement in which the individual agrees to regularize the individual's citizenship or 11 permanent residency status if and when the individual is eligible to do so. 12 2. No Missouri higher education institution that receives any state funds shall 13 deny admittance to an individual based solely on the individual's immigration status, 14 provided the individual has satisfied the requirements of this section. 15 3. Any information collected under this section as part of an individual's 16 admission shall remain confidential.
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. HB 2062 2
208.009. 1. No alien unlawfully present in the United States shall receive any state or 2 local public benefit, except for state or local public benefits that may be offered under 8 3 U.S.C. 1621(b), as amended. Nothing in this section shall be construed to prohibit the 4 rendering of emergency medical care, prenatal care, services offering alternatives to abortion, 5 emergency assistance, or legal assistance to any person. 6 2. As used in this section, "public benefit" means any grant, contract, or loan provided 7 by an agency of state or local government; or any retirement, welfare, health, disability, 8 housing, or food assistance benefit under which payments, assistance, credits, or reduced 9 rates or fees are provided. The term "public benefit" shall not include postsecondary 10 education public benefits [as defined in section 173.1110], any municipal permit, or contracts 11 or agreements between public utility providers and their customers or unemployment benefits 12 payable under chapter 288. The unemployment compensation program shall verify the lawful 13 presence of an alien for the purpose of determining eligibility for benefits in accordance with 14 its own procedures. 15 3. In addition to providing proof of other eligibility requirements, at the time of 16 application for any state or local public benefit, an applicant who is eighteen years of age or 17 older shall provide affirmative proof that the applicant is a citizen or a permanent resident of 18 the United States or is lawfully present in the United States. Such affirmative proof shall 19 include documentary evidence recognized by the department of revenue when processing an 20 application for a driver's license, a Missouri driver's license, as well as any document issued 21 by the federal government that confirms an alien's lawful presence in the United States. In 22 processing applications for public benefits, an employee of an agency of state or local 23 government shall not inquire about the legal status of a custodial parent or guardian applying 24 for a public benefit on behalf of [his or her] the parent's or guardian's dependent child who 25 is a citizen or permanent resident of the United States. 26 4. An applicant who cannot provide the proof required under this section at the time 27 of application may alternatively sign an affidavit under oath, attesting to either United States 28 citizenship or classification by the United States as an alien lawfully admitted for permanent 29 residence, in order to receive temporary benefits or a temporary identification document as 30 provided in this section. The affidavit shall be on or consistent with forms prepared by the 31 state or local government agency administering the state or local public benefits and shall 32 include the applicant's Social Security number or any applicable federal identification number 33 and an explanation of the penalties under state law for obtaining public assistance benefits 34 fraudulently. 35 5. An applicant who has provided the sworn affidavit required under subsection 4 of 36 this section is eligible to receive temporary public benefits as follows: HB 2062 3
37 (1) For ninety days or until such time that it is determined that the applicant is not 38 lawfully present in the United States, whichever is earlier; or 39 (2) Indefinitely if the applicant provides a copy of a completed application for a birth 40 certificate that is pending in Missouri or some other state. An extension granted under this 41 subsection shall terminate upon the applicant's receipt of a birth certificate or a determination 42 that a birth certificate does not exist because the applicant is not a United States citizen. 43 6. An applicant who is an alien shall not receive any state or local public benefit 44 unless the alien's lawful presence in the United States is first verified by the federal 45 government. State and local agencies administering public benefits in this state shall 46 cooperate with the United States Department of Homeland Security in achieving verification 47 of an alien's lawful presence in the United States in furtherance of this section. The system 48 utilized may include the Systematic Alien Verification for Entitlements Program operated by 49 the United States Department of Homeland Security. After an applicant's lawful presence in 50 the United States has been verified through the Systematic Alien Verification for Entitlements 51 Program, no additional verification is required within the same agency of the state or local 52 government. 53 7. The provisions of this section shall not be construed to require any nonprofit 54 organization duly registered with the Internal Revenue Service to enforce the provisions of 55 this section, nor does it prohibit such an organization from providing aid. 56 8. Any agency that administers public benefits shall provide assistance in obtaining 57 appropriate documentation to persons applying for public benefits who sign the affidavit 58 required by subsection 4 of this section stating they are eligible for such benefits but lack the 59 documents required under subsection 3 of this section. [173.1110. 1. No covered student unlawfully present in the United 2 States shall receive a postsecondary education public benefit. Educational 3 institutions awarding postsecondary education public benefits to covered 4 students shall verify that these students are United States citizens, permanent 5 residents, or lawfully present in the United States. 6 2. The following documents, in hard copy or electronic form, may be 7 used to document that a covered student is a United States citizen, permanent 8 resident, or is lawfully present in the United States: 9 (1) The Free Application for Student Aid Institutional Student 10 Information Record; 11 (2) A state-issued driver's license; 12 (3) A state-issued nondriver's identification card; 13 (4) Documentary evidence recognized by the department of revenue 14 when processing an application for a driver's license or nondriver's 15 identification card; 16 (5) A United States birth certificate; 17 (6) A United States military identification card; or HB 2062 4
18 (7) Any document issued by the federal government that confirms an 19 alien's lawful presence in the United States. 20 3. All postsecondary higher education institutions shall annually 21 certify to the department of higher education and workforce development that 22 they have not knowingly awarded a postsecondary education public benefit to 23 a covered student who is unlawfully present in the United States. 24 4. As used in this section, the following terms shall mean: 25 (1) "Covered student", a student eighteen years of age or older, who 26 has graduated from high school and is attending classes on the campus of a 27 postsecondary educational institution during regularly scheduled academic 28 sessions; 29 (2) "Postsecondary education public benefit", institutional financial 30 aid awarded by public postsecondary educational institutions and state- 31 administered postsecondary grants and scholarships awarded by all 32 postsecondary educational institutions to covered students.]
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Statutes affected: