state; local public benefits; eligibility

SB1338 - 572R - S Ver

Senate Engrossed

state; local public
benefits; eligibility

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1338

AN
ACT

amending section 1-502, Arizona
Revised Statutes; relating to public programs.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 1-502, Arizona Revised
Statutes, is amended to read:

START_STATUTE
1-502.

Eligibility for state or local public benefits; documentation;
violations; classification; citizen suits; court costs and attorney fees;
definition

A. Notwithstanding any other state law and to the
extent allowed by federal law, any agency of this state or a political
subdivision of this state that administers any state or local public benefit
shall require each natural person who applies for the state or local public
benefit to submit at least one of the following documents to the entity that
administers the state or local public benefit demonstrating lawful presence in
the United States:

1. An Arizona driver license issued after 1996 or an
Arizona nonoperating identification license.

2. A birth certificate or delayed birth certificate
issued in any state, territory or possession of the United States.

3. A United States certificate of birth abroad.

4. A United States passport.

5. A foreign passport with a United States visa.

6. An I-94 form with a photograph.

7. A United States citizenship and immigration
services employment authorization document or refugee travel document.

8. A United States certificate of naturalization.

9. A United States certificate of citizenship.

10. A tribal certificate of Indian blood.

11. A tribal or bureau of Indian affairs affidavit
of birth.

B. The following persons are
ineligible to receive any state or local public benefit:

1. A person whose presence in the
United States is not authorized by federal law.

2. A foreign national who is paroled
into the united States by the United States department of homeland security.

3. A foreign national who has
indicated an intention to apply for asylum in the United States but whose
application has not been adjudicated in the affirmative.

B.

C.
For
the purposes of administering the Arizona health care cost containment system,
documentation of citizenship and legal residence shall conform with the
requirements of title XIX of the social security act.

C.

D.
To
the extent allowed by federal law, an agency of this state or political
subdivision of this state may allow tribal members, the elderly and persons
with disabilities or incapacity of the mind or body to provide documentation as
specified in section 6036 of the federal deficit reduction act of 2005 (P.L.
109-171; 120 Stat. 81) and related federal guidance in lieu of the
documentation required by this section.

D.

E.
Any
person who applies for state or local public benefits shall sign a sworn
affidavit stating that the documents presented pursuant to subsection A of this
section are true under penalty of perjury.

E.

F.
Failure
to report discovered violations of federal immigration law by an employee of an
agency of this state or a political subdivision of this state that administers
any state or local public benefit is a class 2 misdemeanor. If that
employee's supervisor knew of the failure to report and failed to direct the
employee to make the report, the supervisor is guilty of a class 2 misdemeanor.

F.

G.
This
section shall be enforced without regard to race, color, religion, sex, age,
disability or national origin.

G.

H.
Any
person who is a resident of this state has standing in any court of record to
bring suit against any agent or agency of this state or its political
subdivisions to remedy any violation of any provision of this section,
including an action for mandamus. Courts shall give preference to
actions brought under this section over other civil actions or proceedings
pending in the court.

H.

I.
The
court may award court costs and reasonable attorney fees to any person or any
official or agency of this state or a county, city, town or other political
subdivision of this state that prevails by an adjudication on the merits in a
proceeding brought pursuant to this section.

I.

J.
For
the purposes of this section, "state or local public benefit" has the
same meaning prescribed in 8 United States Code section 1621, except that it
does not include commercial or professional licenses, postsecondary education
, benefits provided by the public retirement systems and plans of this
state
or services widely available to the general population as a whole.

END_STATUTE