Taxpayer Revolution - Sponsoring California Taxpayer Protection Act 2010

THE CALIFORNIA TAXPAYER PROTECTION ACT. Petition pending. The initiative helps solve California's budget deficit crisis by reserving public benefits for only lawful residents. That will also deter the multi-billion dollar "birth tourism" problem. Ends sanctuary cities, verifies immigration status of all arrested and booked, and increases prison sentences for previously deported illegal alien felons.
 
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THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This measure shall be known and may be cited as the California Taxpayer Protection Act of 2010.
SECTION 2. Section 27 is added to the Government Code, to read:
27. (a) (1) Except as provided in paragraph (2) or where exempted by federal law, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person fourteen (14) years of age or older who has applied for state or local benefits, as defined in 8 U.S.C., Section 1621 on June 1, 2010, or for federal public benefits as defined in 8 U.S.C., Section 1611 on June 1, 2010, that are administered by an agency or political subdivision of this state.
(2) Verification of lawful presence under the provisions of this section shall not be required:
(A) For any purpose for which lawful presence in the United States is not restricted by law, ordinance or regulation.
(B) For emergency medical care and other assistance exempt from verification as described in Section 1611 (b) of, and Section 1621 (b) of, Title 8 of the United States Code, on June 1, 2010.
(b) (1) Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall require that the applicant execute an affidavit under penalty of perjury that:
(A) He or she is a United States citizen; or
(B) He or she is a qualified alien as described in 1641 of Section 8 of the United States Code.
(2) For an applicant who has executed the affidavit described in sub-paragraph (B), eligibility for benefits shall be verified through the Systematic Alien Verification for Entitlements (SAVE) Program operated by the United States Department of Homeland Security, or an equivalent program designated by the United States Department of Homeland Security. Until this eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this section.
(3) The California Health and Human Services Agency shall adopt regulations to provide for the adjudication of extraordinary individual circumstances under which the verification procedures imposed by this section would impose undue hardship on a legal resident of California.
(c) (1) If an ineligible applicant, as defined in paragraph (2), is unable to satisfy the verification requirements of subdivision (b) when applying for a public benefit on behalf of a person who is determined to be eligible, a copy of the application shall be provided to the United States Department of Homeland Security, or its successor.
(2) For purposes of this subdivision, “ineligible applicant” means a parent, relative, or guardian, applying on behalf of an eligible person for a state or local public benefit or federal public benefit, as defined in paragraph (1) of subdivision (a), who is a member of the same household as the eligible person.
(d) (1) A person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to subdivision (b) shall be subject to the penalties specified in Section 114 of the Penal Code.
(2) An officer or employee of an agency or political subdivision of the state who provides any state, local, or federal public benefits in violation of the requirements of this section is guilty of a misdemeanor.
SECTION 3. Section 11200.1 is added to the Welfare and Institutions Code, to read:
11200.1. (a) Notwithstanding any other provision of law, commencing on the first day of the first calendar quarter after the effective date of this section, a child in a child-only CalWORKS case shall be prohibited from receiving benefits for more than five years.

(Sections regarding criminal aliens are in progress and will be posted in the text soon.)


SECTION 4. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.