HLS 11RS-645 ORIGINAL
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 367
BY REPRESENTATIVE TALBOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ALIENS/ILLEGAL: Requires verification of citizenship for recipients of public benefits
AN ACT1
To enact R.S. 14:126.5 and Part XI of Chapter 3 of Title 46 of the Louisiana Revised2
Statutes of 1950, to be comprised of R.S. 46:460.31, relative to illegal aliens; to3
create the crime of failure to report fraud in obtaining public assistance; to require4
verification of citizenship to obtain public benefits; to provide for penalties for fraud;5
to provide for reporting requirements; to provide for civil suit standing; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:126.5 is hereby enacted to read as follows: 9
§126.5. Failure to report fraud in obtaining public assistance10
A. Any person, including a public employee who is employed at a11
government agency that administers benefits, who knows that a person has given a12
false statement or otherwise misrepresented the material facts to obtain public13
assistance, and does not report the violation, shall be guilty of failure to report fraud14
in obtaining public assistance.15
B. Whoever commits the crime of failure to report fraud in obtaining public16
assistance shall be fined not more than five hundred dollars or imprisoned for not17
more than six months, or both.18 HLS 11RS-645 ORIGINAL
HB NO. 367
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 2. Part XI of Chapter 3 of Title 46 of the Louisiana Revised Statutes of 1950,1
comprised of R.S. 46:460.31, is hereby enacted to read as follows:2
PART XI. PUBLIC BENEFITS3
§460.31. Eligibility for state, local, or federal public benefits; documentation4
A. Notwithstanding any other provision of law to the contrary, any person5
who applies for any state, local, or federal public benefit that is administered by this6
state or any political subdivision, and that requires participants to be citizens of the7
United States shall submit at least one of the following documents to demonstrate8
lawful presence in the United States to the entity administering the public benefit:9
(1) A Louisiana driver's license or special identification card.10
(2) A birth certificate or delayed birth certificate issued in any state, territory,11
or possession of the United States.12
(3) A United States certificate of birth abroad.13
(4) A United States passport.14
(5) A foreign passport with a United States visa.15
(6) An I-94 form with a photograph.16
(7) A United States citizenship and immigration services employment17
authorization document or refugee travel document.18
(8) A United States certificate of naturalization.19
(9) A United States certificate of citizenship.20
(10) A tribal certificate of Indian blood.21
(11) A tribal or bureau of Indian affairs affidavit of birth.22
B. For purposes of this Part, documentation of citizenship and legal23
residence shall conform with the requirements of Title XIX of the Social Security24
Act.25
C. To the extent permitted by federal law, any agency or political26
subdivision of this state may allow tribal members, the elderly, and persons with27
disabilities or incapacity of the mind or body to provide documentation as specified28
in Section 6036 of the Federal Deficit Reduction Act of 2005 (P.L. 109-171; 12029 HLS 11RS-645 ORIGINAL
HB NO. 367
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Stat. 81) and related federal guidance in lieu of the documentation required by this1
Section.2
D. Any person who applies for any state, local, or federal public benefit shall3
sign a sworn affidavit stating that the documents presented pursuant to Subsection4
A of this Section are true under penalty of perjury.5
E.(1) Any employee of an agency of this state or a political subdivision of6
this state that administers any federal public benefit shall report discovered violations7
of federal immigration law.8
(2) Any employee who fails to report such violations or any supervisor who9
knew of the failure to report and failed to direct the employee to make the report10
shall be guilty of failure to report fraud in obtaining public assistance pursuant to11
R.S. 14:126.5.12
F. The provisions of this Section shall be enforced without regard to race,13
color, religion, sex, age, disability, or national origin.14
G. Any person who is a resident of this state has standing in any court of15
record to bring suit against any agent or agency of this state or its political16
subdivisions to remedy any violation of any provision of this Section, including an17
action for mandamus. Courts shall give preference to actions brought pursuant to18
this Section over other civil actions or proceedings pending in the court.19
H. The court may award court costs and reasonable attorney fees to any20
person or any official or agency of this state or political subdivision of this state that21
prevails by an adjudication on the merits in a proceeding brought pursuant to this22
Section.23
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Talbot HB No. 367
Abstract: Provides for verification of citizenship status for the receipt of public assistance
and creates the crime of failure to report fraud in obtaining public assistance for
violations. HLS 11RS-645 ORIGINAL
HB NO. 367
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law creates the crime of failure to report fraud in obtaining public assistance.
Proposed law requires a fine of not more than $500 or imprisonment of not more than six
months or both for the commission of the crime.
Proposed law requires that every person who applies for public assistance must have his
citizenship verified.
Proposed law lists the documentation that may be used to verify citizenship which includes:
(1)A La. driver's license or special identification card.
(2)A birth certificate or delayed birth certificate issued in any state, territory, or
possession of the U.S.
(3)A U.S. certificate of birth abroad.
(4)A U.S. passport.
(5)A foreign passport with a U.S. visa.
(6)An I-94 form with a photograph.
(7)A U.S. citizenship and immigration services employment authorization document or
refugee travel document.
(8)A U.S. certificate of naturalization.
(9)A U.S. certificate of citizenship.
(10)A tribal certificate of Indian blood.
(11)A tribal or bureau of Indian affairs affidavit of birth.
Proposed law provides that if an employee of a state agency or political subdivision knows
that a person who applies or applied for public benefits violated federal immigration law, the
employee shall be guilty of failure to report fraud in obtaining public assistance.
Proposed law requires that the provisions of proposed law be administered without regard
to race, color, religion, sex, age, disability, or national origin.
Proposed law grants standing to any resident of the state in a suit against any agent, agency,
or political subdivision to remedy a violation of proposed law. Proposed law requires courts
to give preference to actions brought pursuant to proposed law over other civil matters.
Proposed law provides that the court may award court costs and reasonable attorney fees to
the prevailing party.
(Adds R.S. 14:126.5 and R.S. 46:460.31)