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S1157aa....................................................by STATE AFFAIRS
PUBLIC BENEFITS - Adds to existing law relating to public benefits to
provide legislative findings; to define terms; to require the verification
of lawful presence in the United States of natural persons in order to
receive public benefits; to provide exceptions; to provide for verification
procedures; to permit rulemaking by agencies and regulation-making by
political subdivisions; to provide for penalties; and to permit certain
information to be accepted as prima facie evidence of lawful presence in
the United States.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to St Aff
03/01 Rpt out - to 14th Ord
03/07 Rpt out amen - to engros
03/08 Rpt engros - 1st rdg - to 2nd rdg as amen
03/09 2nd rdg - to 3rd rdg as amen
03/12 3rd rdg as amen - PASSED - 29-6-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Little, Lodge, McGee,
McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stennett,
Werk
NAYS -- Burkett, Coiner, Corder, Langhorst, Malepeai, Stegner
Absent and excused -- None
Floor Sponsor - McGee
Title apvd - to House
03/13 House intro - 1st rdg - to St Aff
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 47-21-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bolz, Brackett, Bradford, Chadderdon, Clark, Collins, Crane,
Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henderson, Kren, Lake,
Loertscher, Luker(Luker), Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Patrick, Raybould, Roberts, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Smith(24), Snodgrass, Vander
Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Bock, Boe, Chavez, Chew, Durst, Henbest, Jaquet, Killen,
King, Labrador, LeFavour, Pasley-Stuart, Pence, Ringo, Ruchti,
Rusche, Sayler, Shively, Smith(30), Thayn, Trail
Absent and excused -- Ring, Stevenson
Floor Sponsor - Bayer
Title apvd - to Senate
03/23 To enrol
03/26 Rpt enrol - Pres signed - Sp signed - To Governor
03/30 Governor signed
Session Law Chapter 311
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1157
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC BENEFITS; AMENDING TITLE 67, IDAHO CODE, BY THE ADDITION OF
3 A NEW CHAPTER 79, TITLE 67, IDAHO CODE, TO PROVIDE LEGISLATIVE FINDINGS,
4 TO DEFINE TERMS, TO REQUIRE THE VERIFICATION OF LAWFUL PRESENCE IN THE
5 UNITED STATES OF NATURAL PERSONS IN ORDER TO RECEIVE PUBLIC BENEFITS, TO
6 PROVIDE EXCEPTIONS, TO PROVIDE FOR VERIFICATION PROCEDURE, TO PERMIT RULE-
7 MAKING AND TO PROVIDE FOR PENALTIES; AND TO PROVIDE FOR SEVERABILITY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Title 67, Idaho Code, be, and the same is hereby amended
10 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
11 ter 79, Title 67, Idaho Code, and to read as follows:
12 CHAPTER 79
13 RESTRICTIONS ON PUBLIC BENEFITS
14 67-7901. LEGISLATIVE FINDINGS. (1) The legislature hereby finds and
15 declares that it is the public policy of the state of Idaho that all persons
16 eighteen (18) years of age or older shall provide proof that they are lawfully
17 present in the United States prior to receipt of certain public benefits.
18 (2) The intent of the legislature is not to regulate immigration but to
19 control public expenditures for certain public benefits, not inconsistent with
20 federal law.
21 67-7902. DEFINITIONS. As used in this chapter:
22 (1) "Emergency medical condition" shall have the same meaning as provided
23 in 42 U.S.C. section 1396b(v)(3).
24 (2) "Federal public benefit" shall have the same meaning as provided in
25 8 U.S.C. section 1611(c).
26 (3) "State or local public benefit" shall have the same meaning as pro-
27 vided in 8 U.S.C. section 1621(c).
28 67-7903. VERIFICATION OF LAWFUL PRESENCE -- EXCEPTIONS -- REPORTING. (1)
29 Except as otherwise provided in subsection (3) of this section or where
30 exempted by federal law, each agency or political subdivision of this state
31 shall verify the lawful presence in the United States of each natural person
32 eighteen (18) years of age or older who applies for state or local public ben-
33 efits or for federal public benefits for the applicant.
34 (2) This section shall be enforced without regard to race, religion, gen-
35 der, ethnicity or national origin.
36 (3) Verification of lawful presence in the United States shall not be
37 required:
38 (a) For any purpose for which lawful presence in the United States is not
39 required by law, ordinance or rule;
40 (b) For obtaining health care items and services that are necessary for
2
1 the treatment of an emergency medical condition of the person involved and
2 are not related to an organ transplant procedure;
3 (c) For short-term, noncash, in-kind emergency disaster relief;
4 (d) For public health assistance for immunizations with respect to
5 immunizable diseases and testing and treatment of symptoms of communicable
6 diseases whether or not such symptoms are caused by a communicable dis-
7 ease;
8 (e) For programs, services or assistance, such as soup kitchens, crisis
9 counseling and intervention and short-term shelter specified by federal
10 law or regulation that:
11 (i) Deliver in-kind services at the community level, including ser-
12 vices through public or private nonprofit agencies;
13 (ii) Do not condition the provision of assistance, the amount of
14 assistance provided or the cost of assistance provided on the indi-
15 vidual recipient's income or resources; and
16 (iii) Are necessary for the protection of life or public safety;
17 (f) For prenatal care; or
18 (g) For postnatal care not to exceed twelve (12) months.
19 Notwithstanding the provisions of this subsection (3), for the county indigent
20 program, the limitations contained in section 31-3502(18)B., Idaho Code, shall
21 apply.
22 (4) An agency or a political subdivision shall verify the lawful presence
23 in the United States of each applicant eighteen (18) years of age or older for
24 federal public benefits or state or local public benefits by requiring the
25 applicant to:
26 (a) Produce:
27 (i) An Idaho driver's license or an Idaho identification card
28 issued pursuant to section 49-2444, Idaho Code; or
29 (ii) A valid driver's license or similar document issued for the
30 purpose of identification by another state or territory of the United
31 States, if such license or document contains a photograph of the
32 individual or such other personal identifying information relating to
33 the individual that the director of the department of health and wel-
34 fare or, with regard to unemployment compensation benefits, the
35 director of the department of commerce and labor finds, by rule, suf-
36 ficient for purposes of this section; or
37 (iii) A United States military card or a military dependent's iden-
38 tification card; or
39 (iv) A United States coast guard merchant mariner card; or
40 (v) A native American tribal document;
41 (vi) A valid United States passport; and
42 (b) A valid social security number that has been assigned to the appli-
43 cant; and
44 (c) Attest, under penalty of perjury and on a form designated or estab-
45 lished by the director of the department of health and welfare or, with
46 regard to unemployment compensation benefits, by the director of the
47 department of commerce and labor, that:
48 (i) The applicant is a United States citizen or legal permanent res-
49 ident; or
50 (ii) The applicant is otherwise lawfully present in the United States
51 pursuant to federal law.
52 (5) Notwithstanding the requirements of subsection (4)(a) of this sec-
53 tion, the director of the department of health and welfare or, with regard to
54 unemployment compensation benefits, the director of the department of commerce
55 and labor may promulgate such rules as are necessary to ensure that certain
3
1 individuals lawfully present in the United States receive authorized benefits
2 including, but not limited to, homeless state citizens.
3 (6) For an applicant who has attested pursuant to subsection (4)(c) of
4 this section stating that the applicant is an alien lawfully present in the
5 United States, verification of lawful presence for federal public benefits or
6 state or local public benefits shall be made through the federal systematic
7 alien verification of entitlement program, which may be referred to as the
8 "SAVE" program, operated by the United States department of homeland security
9 or a successor program designated by the United States department of homeland
10 security. Until such verification of lawful presence is made, the attestation
11 may be presumed to be proof of lawful presence for purposes of this section.
12 (a) Errors and significant delays by the SAVE program shall be reported
13 to the United States department of homeland security to ensure that the
14 application of the SAVE program is not wrongfully denying benefits to
15 legal residents of this state.
16 (b) Agencies or political subdivisions may adopt variations of the
17 requirements of subsection (4)(c) of this section to improve efficiency or
18 reduce delay in the verification process or to provide for adjudication of
19 unique individual circumstances in which the verification procedures in
20 this section would impose unusual hardship on a legal resident of this
21 state; except that the variations shall be no less stringent than the
22 requirements of subsection (4)(c) of this section.
23 (c) A person who knowingly makes a false, fictitious or fraudulent state-
24 ment or representation in an attestation executed pursuant to subsection
25 (4)(c) or (6)(b) of this section shall be guilty of a misdemeanor.
26 (7) It shall be unlawful for an agency or a political subdivision of this
27 state to provide a federal public benefit or a state or local public benefit
28 in violation of this section.
29 SECTION 2. SEVERABILITY. The provisions of this act are hereby declared
30 to be severable and if any provision of this act or the application of such
31 provision to any person or circumstance is declared invalid for any reason,
32 such declaration shall not affect the validity of the remaining portions of
33 this act.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by McGee
Seconded by Geddes
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1157
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, in line 17, delete "or"; in line 18, delete
3 "." and insert: "; or"; and following line 18, insert:
4 "(h) For food assistance for a dependent child under eighteen (18) years
5 of age.";
6 in line 24, delete "by requiring the" and insert: "by:"; delete line 25 and
7 insert:
8 "(a) Employing electronic means to verify an applicant is legally present
9 in the United States; or";
10 in line 26, delete "(a) Produce:" and insert:
11 "(b) Requiring the applicant to provide:";
12 in line 42, delete "(b) A" and insert:
13 "(c) Requiring the applicant to provide a";
14 delete lines 44 through 47, and insert:
15 "(d) Requiring the applicant to attest, under penalty of perjury and on a
16 form designated or established by the agency or the political subdivision,
17 that:";
18 and delete lines 52 through 55 and insert:
19 "(5) Notwithstanding the requirements of subsection (4)(b) of this sec-
20 tion, the agency or political subdivision may establish by appropriate legal
21 procedure such rules or regulations to ensure that certain".
22 On page 3, in line 3, delete "(c)" and insert: "(d)"; in line 17, delete
23 "(c)" and insert: "(d)"; in line 22, delete "(c)" and insert: "(d)"; in line
24 25, delete "(c)" and insert: "(d)"; and delete lines 26 through 28 and insert:
25 "(7) An agency or political subdivision may accept as prima facie evi-
26 dence of an applicant's lawful presence in the United States the information
27 required in subsection (4) of this section, as may be modified by subsection
28 (5) of this section, when issuing a professional license or a commercial
29 license.".
30 CORRECTIONS TO TITLE
31 On page 1, delete line 7, and insert: "MAKING BY AGENCIES AND REGULATION-
32 MAKING BY POLITICAL SUBDIVISIONS, TO PROVIDE FOR PENALTIES AND TO PERMIT CER-
33 TAIN INFORMATION TO BE ACCEPTED AS PRIMA FACIE EVIDENCE OF LAWFUL PRESENCE IN
34 THE UNITED STATES FOR SPECIFIED PURPOSES; AND TO PROVIDE FOR SEVERABILITY.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1157, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC BENEFITS; AMENDING TITLE 67, IDAHO CODE, BY THE ADDITION OF
3 A NEW CHAPTER 79, TITLE 67, IDAHO CODE, TO PROVIDE LEGISLATIVE FINDINGS,
4 TO DEFINE TERMS, TO REQUIRE THE VERIFICATION OF LAWFUL PRESENCE IN THE
5 UNITED STATES OF NATURAL PERSONS IN ORDER TO RECEIVE PUBLIC BENEFITS, TO
6 PROVIDE EXCEPTIONS, TO PROVIDE FOR VERIFICATION PROCEDURE, TO PERMIT RULE-
7 MAKING BY AGENCIES AND REGULATION-MAKING BY POLITICAL SUBDIVISIONS, TO
8 PROVIDE FOR PENALTIES AND TO PERMIT CERTAIN INFORMATION TO BE ACCEPTED AS
9 PRIMA FACIE EVIDENCE OF LAWFUL PRESENCE IN THE UNITED STATES FOR SPECIFIED
10 PURPOSES; AND TO PROVIDE FOR SEVERABILITY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Title 67, Idaho Code, be, and the same is hereby amended
13 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
14 ter 79, Title 67, Idaho Code, and to read as follows:
15 CHAPTER 79
16 RESTRICTIONS ON PUBLIC BENEFITS
17 67-7901. LEGISLATIVE FINDINGS. (1) The legislature hereby finds and
18 declares that it is the public policy of the state of Idaho that all persons
19 eighteen (18) years of age or older shall provide proof that they are lawfully
20 present in the United States prior to receipt of certain public benefits.
21 (2) The intent of the legislature is not to regulate immigration but to
22 control public expenditures for certain public benefits, not inconsistent with
23 federal law.
24 67-7902. DEFINITIONS. As used in this chapter:
25 (1) "Emergency medical condition" shall have the same meaning as provided
26 in 42 U.S.C. section 1396b(v)(3).
27 (2) "Federal public benefit" shall have the same meaning as provided in
28 8 U.S.C. section 1611(c).
29 (3) "State or local public benefit" shall have the same meaning as pro-
30 vided in 8 U.S.C. section 1621(c).
31 67-7903. VERIFICATION OF LAWFUL PRESENCE -- EXCEPTIONS -- REPORTING. (1)
32 Except as otherwise provided in subsection (3) of this section or where
33 exempted by federal law, each agency or political subdivision of this state
34 shall verify the lawful presence in the United States of each natural person
35 eighteen (18) years of age or older who applies for state or local public ben-
36 efits or for federal public benefits for the applicant.
37 (2) This section shall be enforced without regard to race, religion, gen-
38 der, ethnicity or national origin.
39 (3) Verification of lawful presence in the United States shall not be
40 required:
2
1 (a) For any purpose for which lawful presence in the United States is not
2 required by law, ordinance or rule;
3 (b) For obtaining health care items and services that are necessary for
4 the treatment of an emergency medical condition of the person involved and
5 are not related to an organ transplant procedure;
6 (c) For short-term, noncash, in-kind emergency disaster relief;
7 (d) For public health assistance for immunizations with respect to
8 immunizable diseases and testing and treatment of symptoms of communicable
9 diseases whether or not such symptoms are caused by a communicable dis-
10 ease;
11 (e) For programs, services or assistance, such as soup kitchens, crisis
12 counseling and intervention and short-term shelter specified by federal
13 law or regulation that:
14 (i) Deliver in-kind services at the community level, including ser-
15 vices through public or private nonprofit agencies;
16 (ii) Do not condition the provision of assistance, the amount of
17 assistance provided or the cost of assistance provided on the indi-
18 vidual recipient's income or resources; and
19 (iii) Are necessary for the protection of life or public safety;
20 (f) For prenatal care;
21 (g) For postnatal care not to exceed twelve (12) months; or
22 (h) For food assistance for a dependent child under eighteen (18) years
23 of age.
24 Notwithstanding the provisions of this subsection (3), for the county indigent
25 program, the limitations contained in section 31-3502(18)B., Idaho Code, shall
26 apply.
27 (4) An agency or a political subdivision shall verify the lawful presence
28 in the United States of each applicant eighteen (18) years of age or older for
29 federal public benefits or state or local public benefits by:
30 (a) Employing electronic means to verify an applicant is legally present
31 in the United States; or
32 (b) Requiring the applicant to provide:
33 (i) An Idaho driver's license or an Idaho identification card
34 issued pursuant to section 49-2444, Idaho Code; or
35 (ii) A valid driver's license or similar document issued for the
36 purpose of identification by another state or territory of the United
37 States, if such license or document contains a photograph of the
38 individual or such other personal identifying information relating to
39 the individual that the director of the department of health and wel-
40 fare or, with regard to unemployment compensation benefits, the
41 director of the department of commerce and labor finds, by rule, suf-
42 ficient for purposes of this section; or
43 (iii) A United States military card or a military dependent's iden-
44 tification card; or
45 (iv) A United States coast guard merchant mariner card; or
46 (v) A native American tribal document; or
47 (vi) A valid United States passport; and
48 (c) Requiring the applicant to provide a valid social security number
49 that has been assigned to the applicant; and
50 (d) Requiring the applicant to attest, under penalty of perjury and on a
51 form designated or established by the agency or the political subdivision,
52 that:
53 (i) The applicant is a United States citizen or legal permanent res-
54 ident; or
55 (ii) The applicant is otherwise lawfully present in the United States
3
1 pursuant to federal law.
2 (5) Notwithstanding the requirements of subsection (4)(b) of this sec-
3 tion, the agency or political subdivision may establish by appropriate legal
4 procedure such rules or regulations to ensure that certain individuals law-
5 fully present in the United States receive authorized benefits including, but
6 not limited to, homeless state citizens.
7 (6) For an applicant who has attested pursuant to subsection (4)(d) of
8 this section stating that the applicant is an alien lawfully present in the
9 United States, verification of lawful presence for federal public benefits or
10 state or local public benefits shall be made through the federal systematic
11 alien verification of entitlement program, which may be referred to as the
12 "SAVE" program, operated by the United States department of homeland security
13 or a successor program designated by the United States department of homeland
14 security. Until such verification of lawful presence is made, the attestation
15 may be presumed to be proof of lawful presence for purposes of this section.
16 (a) Errors and significant delays by the SAVE program shall be reported
17 to the United States department of homeland security to ensure that the
18 application of the SAVE program is not wrongfully denying benefits to
19 legal residents of this state.
20 (b) Agencies or political subdivisions may adopt variations of the
21 requirements of subsection (4)(d) of this section to improve efficiency or
22 reduce delay in the verification process or to provide for adjudication of
23 unique individual circumstances in which the verification procedures in
24 this section would impose unusual hardship on a legal resident of this
25 state; except that the variations shall be no less stringent than the
26 requirements of subsection (4)(d) of this section.
27 (c) A person who knowingly makes a false, fictitious or fraudulent state-
28 ment or representation in an attestation executed pursuant to subsection
29 (4)(d) or (6)(b) of this section shall be guilty of a misdemeanor.
30 (7) An agency or political subdivision may accept as prima facie evidence
31 of an applicant's lawful presence in the United States the information
32 required in subsection (4) of this section, as may be modified by subsection
33 (5) of this section, when issuing a professional license or a commercial
34 license.
35 SECTION 2. SEVERABILITY. The provisions of this act are hereby declared
36 to be severable and if any provision of this act or the application of such
37 provision to any person or circumstance is declared invalid for any reason,
38 such declaration shall not affect the validity of the remaining portions of
39 this act.
STATEMENT OF PURPOSE
RS 16949
This legislation amends Title 67, Idaho Code, by the addition of a
new Chapter 79, Title 67, to provide legislative findings, define
terms, and require the verification of lawful presence in the
United States of natural persons in order to receive public
benefits, provide exceptions and provide for verification
procedures and penalties.
FISCAL NOTE
There is no fiscal impact to the general fund, but should have
long-term saving of dollars to the state of Idaho.
Contact
Name: Senator John McGee
Phone: 332-1332
STATEMENT OF PURPOSE/FISCAL NOTE S 1157