This bill incorporates local government entities into the Eligibility Verification for Entitlements Act, and clarifies that such Act is applicable to state government entities, local government entities, and local health departments pertaining to:  The verification of citizenship of applicants for benefits. The liability for false, fictitious statements or representations. Filing complaints with the United States attorney alleging criminal violations. Violations and reports on compliance. Sending to or receiving from the federal naturalization service information regarding immigration status of aliens. The application process and the cost of verification. This bill requires all state government entities, local government entities, and local health departments to report the number of individuals who applied for a public benefit and were determined upon receipt of a final verification not to be a United States citizen or qualified alien to the general assembly, the department of finance and administration, and the centralized immigration enforcement division of the department of safety, and criminal liability for those who are in violation of this requirement. This bill authorizes the attorney general to investigate allegations that a local governmental entity or local health department is in violation of this bill. VERIFICATION OF CITIZENSHIP OF APPLICANTS FOR BENEFITS Unless prohibited by federal law, this bill requires every state governmental entity, local governmental entity, and local health department to verify that each applicant who is 18 or older and applies for a federal, state, or local public benefit from the state governmental entity, local governmental entity, or local health department is a United States citizen or lawfully present in the United States pursuant to the federal law. This bill requires every state governmental entity, local governmental entity, or local health department to include on all forms, electronic or otherwise, and all automated phone systems, a written or verbal statement requiring an applicant for a federal, state or local public benefit to, under penalty of perjury, attest to the applicant's status as either a United States citizen, or a qualified alien, and a description of the penalties for violations. For local governmental entities, this bill must be implemented upon the local governmental entity's first reprinting of applicable forms or updating of the electronic or automated phone systems after July 1, 2026. Each state governmental entity, local governmental entity, or local health department must maintain a copy of all documentation submitted by an applicant for verification in a manner consistent with the entity's or department's rules, regulations, or policies governing storage or preservation of such documentation. Any document submitted is presumed to be proof of an individual's eligibility under this bill until a final verification is received by the state governmental entity, local governmental entity, or local health department, and a state governmental entity, local governmental entity, or local health department must not delay the distribution of any federal, state, or local benefit based solely on the pendency of final verification. Upon receipt of a final verification that indicates that the applicant is not a United States citizen or qualified alien, the state governmental entity, local governmental entity, or local health department must terminate any recurring benefit, and must pursue any action applicable against the applicant. ALLEGATIONS OF VIOLATIONS AND REPORTING REQUIREMENTS This bill authorizes the attorney general to investigate each credible allegation or complaint that a local governmental entity or local health department is in violation of this bill. If the attorney general concludes that a local governmental entity or local health department has violated this bill, the attorney general may proceed to enforce compliance with this bill by taking action to withhold all funds of this state allocated to the local governmental entity or local health department via grant, contract, or statute, including state-shared taxes. This bill requires each state governmental entity, local governmental entity, and local health department to submit monthly reports to the general assembly, the department of finance and administration, and the centralized immigration enforcement division of the department of safety of the number of individuals who applied for a public benefit and were determined upon receipt of a final verification not to be a United States citizen or qualified alien and all information about such applicants, and the number of individuals for whom a final verification was received indicating that the individual is not a United States citizen or qualified alien and for whom the entity or department terminates a recurring benefit. This bill requires each state governmental entity, local governmental entity, and local health department to report individuals who are not United States citizens or qualified aliens and who receive public benefits from the state governmental entity, local governmental entity, or local health department to the centralized immigration enforcement division. An employee's or official's failure to report is a Class A misdemeanor, punishable by imprisonment of no more than 11 months, 29 days; a fine not to exceed $2,500; or both.

Statutes affected:
Introduced: 4-58-102, 4-58-103(a)(1), 4-58-103, 4-58-103(b)(1), 4-58-103(b), 4-58-103(c), 4-58-103(d), 4-58-104, 4-58-105, 4-58-106(a), 4-58-106, 4-58-106(b), 4-58-107, 4-58-109