Struck = removed from the bill ·
added = the amendment's new text.
ENROLLEDSCAHB335 539 4273 SENATE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by Senate Committee on Judiciary B to Engrossed House Bill No.
335by BYRepresentative REPRESENTATIVEChance CHANCEHenry HENRYAMENDMENT ANNO. ACT To amend and reenact R.S.
46:233.4(A),1 (C)(introductoryparagraph),On andpage (D)2, andline to16, enactafter R.S."food" insert "or incentives for food by organizations, farmers' markets, farm stands, or" Page 1 of 1
46:233.4(C)(4), (G), (H), (I), and (J), relative to verification of citizenship of applicants for public benefits;
to provide relative to entities administering public benefits;
to provide for exceptions;
to provide for good faith;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
46:233.4(A), (C)(introductory paragraph), and (D) are hereby and amended and reenactedand R.S.
46:233.4(C)(4), (G), (H), (I), and (J) areherebyenactedto read as follows:
§233.4.
Verification of citizenship of applicants for public benefits A.
Except as prohibited by federal law, a state agency, or political subdivision, or any entity administering federal, state, or local public benefits shall verify that each applicant who applies for federal, state, or local public benefit benefits is a person who has been recognized as a citizen of the United States by birthright, naturalization, or anyother method provided for under applicable federal law or has satisfactoryimmigration status as a qualified alien as defined in 8 U.S.C.
1641(b).
* * * C.
Upon the termination of any reasonable opportunity period to verify citizenship status, or upon receipt of a final verification that indicates that the applicant is not a United States citizen or lacks satisfactory immigration status and has entered the United States without inspection or admission, or has remained beyond the expiration of his authorized period of stay, the state agency or political subdivision shall:
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HB NO.
335 ENROLLED (4) Be subject to audit by the legislative auditor.
D.
A state agency, or political subdivision, or any entity administering that administers federal or state public benefits shall report at the end of each fiscal year to the president of the Senate, speaker of the House of Representatives, governor, and David R.
Poynter Legislative Research Library on the results of the citizenship verificationrequirementsofthisSection.
Thereportshall includebut not belimited to the number of individuals reported to United States Immigration and Customs Enforcementandthenumberofindividualswhohadpublicassistanceterminatedin accordance with this Section.
* * * G.
This Section does not apply to the distribution of food or incentives for food byorganizations, farmers'markets, farm stands, or bynonprofit organizations.
H.(1) Except as provided in this Subsection, the provisions of this Section shall not apply to any entity providing services for domestic abuse, sexual assault, sexualharassment,humantrafficking,homelessness,disasterresponse,orpregnancy assistance, including but not limited to shelters, crisis centers,and nonprofit service providers.
(2) The entities shall not be required to report any individual to the United States Immigration and Customs Enforcement solely on the basis of inability to verify citizenship or immigration status.
(3) The entities shall do all of the following:
(a) Request proof of citizenship or qualified immigration as required bythis Section.
(b) Maintain a record indicating whether proof of citizenship or qualified immigration was provided.
(c)Maintainarecordindicatingwhetherservicesor benefitswerecontinued or discontinued based on proof of citizenship or qualified immigration.
(d) Maintain any other data points required byrule or necessaryfor audit by the legislative auditor.
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335 ENROLLED (4) The records described in this Subsection shall constitute the only information required to be produced to the legislative auditor for compliance with this Section.
(5) Notwithstanding Paragraph (2) of this Subsection, if the United States Immigration and Customs Enforcement submits a lawful request for information regarding an individual who failed to provide proof of citizenship or qualified immigration status, the entity shall provide the information in accordance with applicable federal and state law.
(6)NothinginthisSubsectionshallbeconstruedtoprohibitcooperationwith federal authorities when otherwise required bylaw.
I.
This Section shall not apply, and no entity shall be subject to liability or enforcementunderthis Section,foractionstakeningoodfaithtoprotectlife,health, safety, or access to essential services during emergent circumstances, disaster response, post-disaster recovery, and public health operations.
J.
This Section shall not apply to healthcare providers who provide services to Medicaid recipients.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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