state; local public benefits; eligibility, the official text

REFERENCE TITLE: state; local public benefits; eligibility

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1338

Introduced by

Senator
Rogers

AN
ACT

amending section 1-502, Arizona
Revised Statutes; relating to public programs.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 1-502, Arizona Revised
Statutes, is amended to read:

START_STATUTE1-502. Eligibility for state or local public benefits; documentation;
violations; classification; citizen suits; court costs and attorney fees;
definition

A. Notwithstanding any other state law and to the
extent allowed by federal law, any agency of this state or a political
subdivision of this state that administers any state or local public benefit
shall require each natural person who applies for the state or local public
benefit to submit at least one of the following documents to the entity that
administers the state or local public benefit demonstrating lawful presence in
the United States:

1. An Arizona driver license issued after 1996 or an
Arizona nonoperating identification license.

2. A birth certificate or delayed birth certificate
issued in any state, territory or possession of the United States.

3. A United States certificate of birth abroad.

4. A United States passport.

5. A foreign passport with a United States visa.

6. An I-94 form with a photograph.

7. A United States citizenship and immigration
services employment authorization document or refugee travel document.

8. A United States certificate of naturalization.

9. A United States certificate of citizenship.

10. A tribal certificate of Indian blood.

11. A tribal or bureau of Indian affairs affidavit
of birth.

B. For the purposes of administering the Arizona
health care cost containment system, documentation of citizenship and legal
residence shall conform with the requirements of title XIX of the social
security act.

C. To the extent allowed by federal law, an agency
of this state or political subdivision of this state may allow tribal members,
the elderly and persons with disabilities or incapacity of the mind or body to
provide documentation as specified in section 6036 of the federal deficit
reduction act of 2005 (P.L. 109-171; 120 Stat. 81) and related federal guidance
in lieu of the documentation required by this section.

D. Any person who applies for state or local public
benefits shall sign a sworn affidavit stating that the documents presented
pursuant to subsection A of this section are true under penalty of perjury.

E. Failure to report discovered violations of
federal immigration law by an employee of an agency of this state or a
political subdivision of this state that administers any state or local public
benefit is a class 2 misdemeanor. If that employee's supervisor knew
of the failure to report and failed to direct the employee to make the report,
the supervisor is guilty of a class 2 misdemeanor.

F. This section shall be enforced without regard to
race, color, religion, sex, age, disability or national origin.

G. Any person who is a resident of this state has
standing in any court of record to bring suit against any agent or agency of
this state or its political subdivisions to remedy any violation of any
provision of this section, including an action for mandamus. Courts
shall give preference to actions brought under this section over other civil
actions or proceedings pending in the court.

H. The court may award court costs and reasonable
attorney fees to any person or any official or agency of this state or a
county, city, town or other political subdivision of this state that prevails
by an adjudication on the merits in a proceeding brought pursuant to this
section.

I. For the purposes of this section, "state or
local public benefit" has the same meaning prescribed in 8 United States
Code section 1621, except that it does not include commercial or professional
licenses, postsecondary education[, benefits provided by the
public retirement systems and plans of this state] or services widely
available to the general population as a whole. END_STATUTE