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ACT No. 7952026 Regular Session
HOUSE BILL NO. 335
BY REPRESENTATIVE CHANCE HENRY
1 AN ACT
2 To amend and reenact R.S. 46:233.4(A), (C)(introductory paragraph), and (D) and to enact
3 R.S. 46:233.4(C)(4), (G), (H), (I), and (J), relative to verification of citizenship of
4 applicants for public benefits; to provide relative to entities administering public
5 benefits; to provide for exceptions; to provide for good faith; and to provide for
6 related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 46:233.4(A), (C)(introductory paragraph), and (D) are hereby and
9 amended and reenacted and R.S. 46:233.4(C)(4), (G), (H), (I), and (J) are hereby enacted to
10 read as follows:
11 §233.4. Verification of citizenship of applicants for public benefits
12 A. Except as prohibited by federal law, a state agency, or political
13 subdivision, or any entity administering federal, state, or local public benefits shall
14 verify that each applicant who applies for federal, state, or local public benefit
15 benefits is a person who has been recognized as a citizen of the United States by
16 birthright, naturalization, or any other method provided for under applicable federal
17 law or has satisfactory immigration status as a qualified alien as defined in 8 U.S.C.
18 1641(b).
19 * * *
20 C. Upon the termination of any reasonable opportunity period to verify
21 citizenship status, or upon receipt of a final verification that indicates that the
22 applicant is not a United States citizen or lacks satisfactory immigration status and
23 has entered the United States without inspection or admission, or has remained
24 beyond the expiration of his authorized period of stay, the state agency or political
25 subdivision shall:
26 * * *
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1 (4) Be subject to audit by the legislative auditor.
2 D. A state agency, or political subdivision, or any entity administering that
3 administers federal or state public benefits shall report at the end of each fiscal year
4 to the president of the Senate, speaker of the House of Representatives, governor,
5 and David R. Poynter Legislative Research Library on the results of the citizenship
6 verification requirements of this Section. The report shall include but not be limited
7 to the number of individuals reported to United States Immigration and Customs
8 Enforcement and the number of individuals who had public assistance terminated in
9 accordance with this Section.
10 * * *
11 G. This Section does not apply to the distribution of food or incentives for
12 food by organizations, farmers' markets, farm stands, or by nonprofit organizations.
13 H.(1) Except as provided in this Subsection, the provisions of this Section
14 shall not apply to any entity providing services for domestic abuse, sexual assault,
15 sexual harassment, human trafficking, homelessness, disaster response, or pregnancy
16 assistance, including but not limited to shelters, crisis centers, and nonprofit service
17 providers.
18 (2) The entities shall not be required to report any individual to the United
19 States Immigration and Customs Enforcement solely on the basis of inability to
20 verify citizenship or immigration status.
21 (3) The entities shall do all of the following:
22 (a) Request proof of citizenship or qualified immigration as required by this
23 Section.
24 (b) Maintain a record indicating whether proof of citizenship or qualified
25 immigration was provided.
26 (c) Maintain a record indicating whether services or benefits were continued
27 or discontinued based on proof of citizenship or qualified immigration.
28 (d) Maintain any other data points required by rule or necessary for audit by
29 the legislative auditor.
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1 (4) The records described in this Subsection shall constitute the only
2 information required to be produced to the legislative auditor for compliance with
3 this Section.
4 (5) Notwithstanding Paragraph (2) of this Subsection, if the United States
5 Immigration and Customs Enforcement submits a lawful request for information
6 regarding an individual who failed to provide proof of citizenship or qualified
7 immigration status, the entity shall provide the information in accordance with
8 applicable federal and state law.
9 (6) Nothing in this Subsection shall be construed to prohibit cooperation with
10 federal authorities when otherwise required by law.
11 I. This Section shall not apply, and no entity shall be subject to liability or
12 enforcement under this Section, for actions taken in good faith to protect life, health,
13 safety, or access to essential services during emergent circumstances, disaster
14 response, post-disaster recovery, and public health operations.
15 J. This Section shall not apply to healthcare providers who provide services
16 to Medicaid recipients.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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