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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 740 By: Brooks
AS INTRODUCED
An Act relating to public benefits; amending 56 O.S.
2021, Section 71, which relates to verification of
lawful presence of applicants ; modifying definition;
updating statutory reference; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 56 O.S. 2021, Section 71, is
amended to read as follows:
Section 71. A. Except as provided in subsection C o f this
section or where exempt ed by federal law, every agency or a
political subdivision of this state shall verify the lawful presence
in the United States of any natural person fourt een (14) years of
age or older who has applied for any state or local public benefits
benefit, as defined in 8 U.S.C., Section 1621 this section, or for
federal public benefits, as defined in 8 U.S.C., Section 1611, that
is administered by an agency or a p olitical subdivision o f this
state.
B. The provisions of this section s hall be enforced without
regard to race, religion, gender, ethnicity, or national origin.
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C. Verification of lawful presence under the provisions of this
section shall not be required :
1. For any purpose for which lawful presence in the United
States is not restricted by law, ordinan ce, or regulation;
2. For assistance for health care items and services that are
necessary for the treatment of an emergency medical condition, as
defined in 42 U.S.C., Sectio n 1396b(v)(3), of the alien involved and
are not related to an organ transplant procedure;
3. For short-term, noncash, in-kind emergency disast er relief;
4. For public health assistance for immunizations with respect
to diseases and for testing and treat ment of symptoms of
communicable diseases whether or not such symptoms are cause d by a
communicable disease;
5. For application of special vol unteer health care licenses
that specify the eligible voluntee r shall be either retired fro m
practice in this sta te or actively licensed with a clean record in
another state and that such elig ible volunteer shall not receive or
have the expectation to rece ive any payment or compensation, either
direct or indirect, fo r any services rendered in th is state under
the special volunteer license; or
6. For programs, services, or assistance such as so up kitchens,
crisis counseling and intervention, and short -term shelter specified
by the United States Attorney General, in th e sole and unreviewable
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discretion of the United St ates Attorney General after consultation
with appropriate federal agencies and departments which:
a. deliver in-kind services at the community level,
including through public or private nonprofit
agencies,
b. do not condition the prov ision of assistance, t he
amount of assistance provided, or the cost of
assistance provided on the inc ome or resources of the
individual recipient, and
c. are necessary for the protection of life or safety .
D. Verification of l awful presence in the United States by the
agency or political subdivision required to make such ver ification
shall require that t he applicant execute an affidavit under penalty
of perjury that:
1. He or she is a United States citizen; or
2. He or she is a qualified alien under the federal Immigration
and Nationality Act and is lawfully present in the United States.
The agency or political subdivision providing the state or local
public benefits benefit shall provide notary public services at no
cost to the applicant.
E. For any applicant who has execute d the affidavit described
in paragraph 2 of subse ction D of this section, eligi bility for
benefits shall be verified through the Systematic Alien Verif ication
for Entitlements (SAVE) Program operated by th e United States
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Department of Homeland Security or an equivalent program designated
by the United States Department of Homeland Se curity. Until such
eligibility verification is made, the affidavit may be presumed to
be proof of lawful presence for the pur poses of this section.
F. Any person who knowingly and willfully makes a false,
fictitious, or fraudulent statement of representa tion in an
affidavit executed pursuant to subsection D of this section s hall be
subject to criminal penalties applicable in th is state for
fraudulently obtaining public assistan ce program benefits. If the
affidavit constitute s a false claim of U.S. citize nship under 18
U.S.C., Section 911, a complaint shall be filed by the ag ency
requiring the affidavit with the United States At torney General for
the applicable district based up on the venue in which the affidavit
was executed.
G. Agencies or political sub divisions of this state may adopt
variations to the requirements of the provisions of this section
which demonstrably improve the efficiency or reduce dela y in the
verification process, or to provide for adjudication of unique
individual circumstances wher e the verification procedures in this
section would impose unusual hards hip on a legal resident of
Oklahoma.
H. It shall be unlawful for any agency or a p olitical
subdivision of this state to provide any state, local, or fede ral
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benefit, as defined in 8 U .S.C., Section 1621, or 8 U.S.C., Section
1611, in violation of the prov isions of this section.
I. Each state agency or depar tment which administers any
program of state or loc al public benefits shall provide an annual
report to the Governor, the Presiden t Pro Tempore of the Senate and
the Speaker of the House of Representati ves with respect to its
compliance with the provisions of this section. Each agenc y or
department shall monitor the Systematic Alien Verification for
Entitlements Program for applicat ion verification errors and
significant delays and shall provide an annu al public report on such
errors and significant delays and recommendations to ensur e that the
application of the Systematic Alien Verification of Entitlem ents
Program is not erroneousl y denying benefits to legal residents of
Oklahoma. Errors shall also be reported to the United States
Department of Homeland Security by each agency or de partment.
J. As used in this section, “state or local public benefit ” has
the same meaning as provid ed by 8 U.S.C., Section 1621 (c)(1)(B), but
does not include for purposes of this section 8 U.S.C., Section
1621(c)(1)(A).
SECTION 2. This act shall become effec tive November 1, 2023.
59-1-1254 DC 1/18/2023 5:04:25 PM