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ENGROSSED HOUSE
BILL NO. 4422 By: Hilbert, Archer, Lawson,
Lepak, Woolley, Miller,
Gise, Wilk, Maynard,
Wolfley, George,
Hildebrant, Adams, Turner,
Steagall, Crosswhite Hader,
Duel, Kelley, Hays, Eaves,
and Staires of the House
and
Paxton of the Senate
An Act relating to poor persons; amending 56 O.S.
2021, Section 230.73, which relates to Temporary
Assistance for Needy Families; requiring the use of
SAVE program to determine an applicant's legal
status; requiring notice to the Oklahoma Attorney
General; requiring the Attorney General to review
cases; requiring notification of Immigration and
Customs Enforcement in certain circumstances;
amending 56 O.S. 2021, Section 241, which relates to
Supplemental Nutrition Assistance Program; requiring
the use of SAVE program to determine an applicant's
legal status; requiring notice to the Oklahoma
Attorney General; requiring the Attorney General to
review cases; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 56 O.S. 2021, Section 230.73, is
amended to read as follows:
Section 230.73. A. As used in this section:
1. "Legal immigrant" means an individual not born in the United
States and not a citizen of the United States whose entrance into
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the United States has been approved by the Immigration and
Naturalization Service United States Citizenship and Immigration
Services; and
2. "Qualified alien" shall have the same meaning as such term
is defined by Section 431(b) of the federal Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, as
amended.
B. 1. The Legislature hereby finds and declares that passage
of the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, P.L. 104-193, requires the states to
make certain decisions concerning legal immigrants and their
eligibility for certain types of public assistance.
2. The goal of this section is to recognize that foreign-born
legal residents of the State of Oklahoma contribute to our society
by working in our communities, supporting local businesses, and
paying taxes and should be eligible to receive certain types of
public assistance under certain conditions. Moreover, the state
goal is to provide the types of assistance that will enhance the
state's ability to receive federal financial participation, thereby
reducing the ultimate burden on the state and local government for
emergency health and welfare needs.
3. This section is also intended to encourage and support
efforts to help foreign-born legal residents of the State of
Oklahoma to become citizens of the United States.
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C. 1. A qualified alien who entered the United States before
August 22, 1996, shall be eligible to receive benefits under a state
program funded by Temporary Assistance for Needy Families Block
Grant Funds pursuant to Part A of Title IV of the federal Social
Security Act.
2. A qualified alien who entered the United States on or after
August 22, 1996, shall be barred from receiving the benefits
described in paragraph 1 of this subsection for a period of five (5)
years after the date of entry into the United States, unless such
alien meets the exceptions set forth in the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, P.L.
104-193, as amended. After five (5) years, the qualified alien
shall be eligible for benefits pursuant to the Statewide Temporary
Assistance Responsibility System (STARS), but shall have sponsor
income deemed to the individual or family pursuant to rules
promulgated by the Commission for Department of Human Services.
D. 1. A qualified alien who entered the United States before
August 22, 1996, shall be eligible to receive benefits under the Old
Age Pension, the Aid to the Needy Disabled, and the Aid to the Blind
programs if such qualified alien meets the eligibility criteria for
such programs, other than citizen status.
2. A qualified alien who entered the United States on or after
August 22, 1996, shall be barred from receiving benefits under the
programs described in paragraph 1 of this subsection for a period of
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five (5) years after the date of entry into the United States,
unless the alien meets the exceptions set forth in the federal
Personal Responsibility and Work Opportunity Reconciliation Act of
1996, P.L. 104-193, as amended. After five (5) years, the qualified
alien shall be eligible for benefits pursuant to such programs but
shall have sponsor income deemed to the person or family pursuant to
rules promulgated by the Commission for Department of Human
Services.
E. The Commission for Department of Human Services shall
encourage a qualified alien who is eligible to submit an application
for citizenship to submit such an application.
F. 1. The Commission Department shall promulgate rules for the
delivery of emergency assistance to a person who:
a. is a legal immigrant and a resident of the State of
Oklahoma,
b. is not a citizen of the United States, and
c. meets the eligibility requirements for assistance
pursuant to the Statewide Temporary Assistance
Responsibility System (STARS) program other than
citizen status and is not receiving any other public
assistance as specified by the Commission Department.
2. Such emergency assistance may include, but need not be
limited to, the following forms of assistance:
a. housing,
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b. food,
c. short-term cash assistance, and
d. clothing and social services for children.
G. 1. Sponsors shall be expected to meet their financial
commitments to the immigrants whom they sponsor and for whom they
sign affidavits of support.
2. The Commission shall also promulgate rules consistent with
this section and federal law to enforce sponsor commitments for
noncitizen applicants for or recipients of public assistance or
medical assistance.
H. In the event that after passage of this act federal law
authorizes extended benefits to aliens, the provision of this
section shall be modified and made consistent with the provisions of
federal law.
The Department of Human Services, in making a determination of a
legal immigrant or qualified alien as defined in subsection A of
this section, shall verify an applicant's status by utilizing the
United States Citizenship and Immigration Services' Systematic Alien
Verification of Entitlements (SAVE) system. An applicant's legal
status in the United States shall be confirmed prior to an applicant
receiving benefits under the Temporary Assistance for Needy Families
(TANF) program.
2. Upon final determination that an applicant's SAVE status
does not indicate the person is lawfully in the United States, the
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Department of Human Services shall notify the Oklahoma Attorney
General's Office. The Office shall review the case and shall notify
the United States Immigration and Customs Enforcement Agency if an
applicant's legal presence in the United States is unverifiable.
3. The Department of Human Services shall post a notice on its
website providing information about TANF and on its application
portal notifying applicants that their immigration status will be
reviewed and if unverified the United States Immigration and Customs
Enforcement Agency will be notified.
SECTION 2. AMENDATORY 56 O.S. 2021, Section 241, is
amended to read as follows:
Section 241. A. It shall be the mandatory duty of the
Department of Human Services to participate in the food stamp
program Supplemental Nutrition Assistance Program (SNAP) under the
Food Stamp Act of 1977, as amended. The cost of distributing food
stamp SNAP benefits shall be paid by the Department.
B. 1. The Department of Human Services shall verify a SNAP
applicant's immigration status by utilizing the United States
Citizenship and Immigration Services' Systematic Alien Verification
System for Entitlements (SAVE). An applicant's legal status in the
United States shall be confirmed prior to an applicant receiving
SNAP benefits.
2. Upon final determination that an applicant's SAVE status
does not indicate the person is lawfully in the United States, the
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Department shall notify the Oklahoma Attorney General's Office. The
Office shall review the case and then notify the United States
Immigration and Customs Enforcement Agency if an applicant's legal
presence in the United States is unverifiable.
3. The Department of Human Services shall post a notice on its
website providing information about SNAP and on its application
portal notifying applicants that their immigration status will be
reviewed and if unverified the United States Immigration and Customs
Enforcement Agency will be notified.
C. 1. The Department may, at its option:
a. operate the program of distributing food stamp SNAP
benefits to families certified as eligible by the
Department, or
b. contract with private or public entities for the
distribution of food stamp SNAP benefits.
2. Any program for distribution of food stamp SNAP benefits
operated pursuant to the provisions of this subsection shall
provide:
a. adequate qualified personnel, suitable facilities, and
adequate participant access to such benefits through a
system of electronic benefits transfer,
b. adequate qualified personnel and suitable facilities
for storage and issuing of any required food stamp
SNAP coupons for benefits,
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c. any bonding of personnel, and insurance required by
the Commission for Department of Human Services, and
d. that such exchange, distribution and accounting of
food stamp SNAP benefits shall be in compliance with
all federal and state regulations and rules applicable
thereto.
C. Food stamp
D. SNAP benefits may be obtained through one or more approved
food stores, or through other means approved by the Department.
SECTION 3. This act shall become effective October 1, 2026.
Passed the House of Representatives the 26th day of February,
2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate