PUBLIC BENEFITS – Amends existing law to provide that verification of lawful presence is not required to apply for or receive crime victims compensation.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1293
BY
HEALTH
AND
WELFARE
COMMITTEE
AN
ACT
1
RELATING
TO
PUBLIC
BENEFITS;
AMENDING
SECTION
67
-
7903,
IDAHO
CODE,
TO
REVISE
2
PROVISIONS
REGARDING
EXCEPTIONS
TO
VERIFICATION
OF
LAWFUL
PRESENCE
FOR
3
PUBLIC
BENEFITS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
4
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
67
-
7903,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
67
-
7903.
VERIFICATION
OF
LAWFUL
PRESENCE
-
-
EXCEPTIONS
-
-
REPORT
-
9
ING.
(1)
Except
as
otherwise
provided
in
subsection
(3)
of
this
section,
each
10
agency
or
political
subdivision
of
this
state
shall
verify
the
lawful
pres
-
1
1
ence
in
the
United
States
of
each
natural
person
eighteen
(18)
years
of
age
12
or
older
who
applies
for
state
or
local
public
benefits
or
for
federal
public
13
benefits
for
the
applicant.
14
(2)
This
section
shall
be
enforced
without
regard
to
race,
religion,
15
gender,
ethnicity
or
national
origin.
16
(3)
Verification
of
lawful
presence
in
the
United
States
shall
not
be
17
required:
18
(a)
For
obtaining
health
care
items
and
services
that
are
necessary
for
19
the
treatment
of
an
emergency
medical
condition
of
the
person
involved
20
and
that
are
not
related
to
an
organ
transplant
procedure;
21
(b)
For
short
-
term,
noncash,
in
-
kind
emergency
disaster
relief;
or
22
(c)
For
programs,
services,
or
assistance
at
short
-
term
shelters
that:
23
(i)
Deliver
in
-
kind
services
at
the
community
level,
including
24
services
through
public
or
private
nonprofit
agencies;
25
(ii)
Do
not
condition
the
provision
of
assistance,
the
amount
of
26
assistance
provided,
or
the
cost
of
assistance
provided
on
the
in
-
27
dividual
recipient's
income
or
resources;
and
28
(iii)
Are
necessary
for
the
protection
of
life
or
public
safety
.
;
29
or
30
(d)
To
apply
for
or
receive
crime
victims
compensation
pursuant
to
31
chapter
10,
title
72,
Idaho
Code.
32
(4)
An
agency
or
a
political
subdivision
shall
verify
the
lawful
pres
-
33
ence
in
the
United
States
of
each
applicant
eighteen
(18)
years
of
age
or
34
older
for
federal
public
benefits
or
state
or
local
public
benefits
by:
35
(a)
Employing
electronic
means
to
verify
an
applicant
is
legally
36
present
in
the
United
States;
or
37
(b)
Requiring
the
applicant
to
provide:
38
(i)
An
Idaho
driver's
license
or
an
Idaho
identification
card
39
issued
pursuant
to
section
49
-
2444,
Idaho
Code;
40
(ii)
A
valid
driver's
license
or
similar
document
issued
for
the
41
purpose
of
identification
by
another
state
or
territory
of
the
42

2
United
States,
if
such
license
or
document
contains
a
photograph
1
of
the
individual
or
such
other
personal
identifying
information
2
relating
to
the
individual
that
the
director
of
the
department
of
3
health
and
welfare
or,
with
regard
to
unemployment
compensation
4
benefits,
the
director
of
the
department
of
labor
finds,
by
rule,
5
sufficient
for
purposes
of
this
section;
6
(iii)
A
United
States
military
card
or
a
military
dependent's
7
identification
card;
8
(iv)
A
United
States
coast
guard
merchant
mariner
card;
9
(v)
A
native
American
tribal
document;
10
(vi)
A
copy
of
an
executive
office
of
immigration
review,
immi
-
1
1
gration
judge
or
board
of
immigration
appeals
decision,
granting
12
asylee
status;
13
(vii)
A
copy
of
an
executive
office
of
immigration
review,
immi
-
14
gration
judge
or
board
of
immigration
appeals
decision,
indicat
-
15
ing
that
the
individual
may
lawfully
remain
in
the
United
States;
16
(viii)
Any
United
States
citizenship
and
immigration
service
-
is
-
17
sued
document
showing
refugee
or
asylee
status
or
that
the
indi
-
18
vidual
may
lawfully
remain
in
the
United
States;
19
(ix)
Any
department
of
state
or
customs
and
border
protection
-
is
-
20
sued
document
showing
the
individual
has
been
permitted
entry
into
21
the
United
States
on
the
basis
of
refugee
or
asylee
status
or
on
any
22
other
basis
that
permits
the
individual
to
lawfully
enter
and
re
-
23
main
in
the
United
States;
or
24
(x)
A
valid
United
States
passport;
and
25
(c)
Requiring
the
applicant
to
provide
a
valid
social
security
number
26
that
has
been
assigned
to
the
applicant;
and
27
(d)
Requiring
the
applicant
to
attest,
under
penalty
of
perjury
and
on
28
a
form
designated
or
established
by
the
agency
or
the
political
subdivi
-
29
sion,
that:
30
(i)
The
applicant
is
a
United
States
citizen
or
legal
permanent
31
resident;
or
32
(ii)
The
applicant
is
otherwise
lawfully
present
in
the
United
33
States
pursuant
to
federal
law.
34
(5)
Notwithstanding
the
requirements
of
subsection
(4)(b)
of
this
sec
-
35
tion,
the
agency
or
political
subdivision
may
establish
by
appropriate
legal
36
procedure
such
rules
or
regulations
to
ensure
that
certain
individuals
law
-
37
fully
present
in
the
United
States
receive
authorized
benefits
including,
38
but
not
limited
to,
homeless
state
citizens.
39
(6)
For
an
applicant
who
has
attested
pursuant
to
subsection
(4)(d)
of
40
this
section
stating
that
the
applicant
is
an
alien
lawfully
present
in
the
41
United
States,
verification
of
lawful
presence
for
federal
public
benefits
42
or
state
or
local
public
benefits
shall
be
made
through
the
federal
system
-
43
atic
alien
verification
of
entitlement
program,
which
may
be
referred
to
as
44
the
"SAVE"
program,
operated
by
the
United
States
department
of
homeland
se
-
45
curity
or
a
successor
program
designated
by
the
United
States
department
of
46
homeland
security.
Until
such
verification
of
lawful
presence
is
made,
the
47
attestation
may
be
presumed
to
be
proof
of
lawful
presence
for
purposes
of
48
this
section.
49

3
(a)
Errors
and
significant
delays
by
the
SAVE
program
shall
be
reported
1
to
the
United
States
department
of
homeland
security
to
ensure
that
the
2
application
of
the
SAVE
program
is
not
wrongfully
denying
benefits
to
3
legal
residents
of
this
state.
4
(b)
Agencies
or
political
subdivisions
may
adopt
variations
of
the
re
-
5
quirements
of
subsection
(4)(d)
of
this
section
to
improve
efficiency
6
or
reduce
delay
in
the
verification
process
or
to
provide
for
adjudica
-
7
tion
of
unique
individual
circumstances
in
which
the
verification
pro
-
8
cedures
in
this
section
would
impose
unusual
hardship
on
a
legal
resi
-
9
dent
of
this
state;
except
that
the
variations
shall
be
no
less
strin
-
10
gent
than
the
requirements
of
subsection
(4)(d)
of
this
section.
1
1
(c)
A
person
who
knowingly
makes
a
false,
fictitious
or
fraudulent
12
statement
or
representation
in
an
attestation
executed
pursuant
to
13
subsection
(4)(d)
or
(6)(b)
of
this
section
or
who
knowingly
provides
14
a
social
security
number
that
has
not
been
assigned
to
him
pursuant
to
15
subsection
(4)(c)
of
this
section
shall
be:
16
(i)
Guilty
of
a
misdemeanor
for
the
first
and
second
offense;
and
17
(ii)
Guilty
of
a
felony
for
each
subsequent
offense.
18
(7)
An
agency
or
political
subdivision
may
accept
as
prima
facie
evi
-
19
dence
of
an
applicant's
lawful
presence
in
the
United
States
the
information
20
required
in
subsection
(4)
of
this
section,
as
may
be
modified
by
subsection
21
(5)
of
this
section,
when
issuing
a
professional
license
or
a
commercial
li
-
22
cense.
23
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
24
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
25
July
1,
2026.
26