HB1710

Official summary

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 Sta tes 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 requireme nt . 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 t he 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 federa l, 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 i mplemented 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 pol icies 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 entit y, 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 o f 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 acti on 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 hea lth 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 s tatute, 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 divisio n 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 nu mb er 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, loc al 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 e xc eed $2,500; or both. ON MARCH 30, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1915, AS AMENDED. AMENDMENT #1 makes the following changes:  Requires each state governmental entity, local governmental entity, and local health department to report individuals who are not United States citizens or are not lawfully present in the United States who receive federal, state, or local public benefits to the centralized immigration enforcement division within the department of safety or, if required by federal law, to the local United States Citizenship and Immigration Services.  Makes it an offense for an employee or official to intentionally fail to report an individual who are the employee or official knows is not a United States citizen or not lawfully present in the United States as required above. Such an offense is a class A misdemeanor, punishable by imprisonment of up to 11 months, 29 days; a fine of up to $2,500; or both.  Exempts the department of children's services from providing any information that would directly or indirectly identify a child or family receiving services from the department.  Changes the effective date for purposes of carrying out administrative duties necessary to effectuate this amendment to effective upon becoming a law. ON APRIL 21, 2026, THE HOUSE SUBSTITUTED SENATE BILL 1915 FOR HOUSE BILL 1710, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1915, AS AMENDED. AMENDMENT #1 makes the following changes:  Clarifies that the term "state or local public benefit" within the Eligibility Verification for Entitlements Act does not include (i) a benefit listed in federal law, or (ii) a privilege to practice a profession or engage in an occupation in this state granted by a licensee's participation in an interstate portability licensure compact as long as the licensing agency in this state is not required to take any action to grant or allow the licensee to practice on this privilege.  Changes the requirement for each state governmental entity, local government entity, and local health department to report pursuant federal law from individuals who are not United States citizens to individuals and all identifying information about such individuals who are not lawfully present in the United States. This amendment also provides that there is an exception for this requirement if it is prohibited by federal law.  Removes from the amendment that it is an offense for an employee or official to intentionally fail to report an individual who the employee or official knows is not a United States citizen. ON APRIL 22, 2026, THE SENATE CONCURRED IN HOUSE AMENDMENT #1.