Prohibiting aliens who are unlawfully present in the United States from receiving any state or local public benefit in accordance with applicable federal law, the official text

senate bill No. 254
An Act concerning immigration; relating to state and local public benefits and eligibility thereof; prohibiting aliens who are unlawfully present in the United States from receiving any state or local public benefit in accordance with applicable federal law; requiring individuals 18 years of age and older who apply for any state or local public benefit to provide proof of being lawfully present; prohibiting the state or any county or local agency from providing any public benefit to any alien without first verifying that the alien is lawfully present by use of the existing systematic alien verification for entitlements program; requiring state and local agencies administering public benefits to cooperate with the United States department of homeland security in achieving verification of an alien's lawful presence.

Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) No alien who is unlawfully present in the United States shall receive any state or local public benefit, except for state or local public benefits that are required to be offered by 8 U.S.C. § 1621(b).
(b) (1) In addition to providing proof of other eligibility requirements, at the time of application for any state or local public benefit, an individual applicant who is 18 years of age or older shall provide proof that the individual applicant is:
(A) A citizen or a permanent resident of the United States; or
(B) an alien who is lawfully present in the United States.
(2) Such affirmative proof shall include documentary evidence recognized by the division of motor vehicles when processing an application for a driver's license, as established in K.S.A. 8-240, and amendments thereto, as well as any document issued by the federal government that confirms an alien's lawful presence in the United States.
(c) (1) No state, county or local agency shall provide any public benefit to any alien without first verifying that the alien is lawfully present in the United States and a qualified alien.
(2) Such verification shall occur through the systematic alien verification for entitlements program, operated by the United States department of homeland security.
(d) State and local agencies administering public benefits in this state shall cooperate with the United States department of homeland security in achieving verification of aliens' lawful presence in the United States in furtherance of this section.
(e) As used in this section:
(1) "Lawfully present in the United States" means the same as defined in 8 C.F.R. § 1.3.
(2) "Postsecondary educational institution" means the same as defined in K.S.A. 74-3201b, and amendments thereto.
(3) "Qualified alien" means the same as defined in 8 U.S.C. § 1641.
(4) (A) "State or local public benefit" means the same as defined in 8 U.S.C. § 1621, except as provided in subparagraphs (B) and (C).
(B) "State or local public benefit" does not include any license or identification card issued by the division of motor vehicles.
(C) "State and local public benefit" includes reduced tuition and fee amounts offered by postsecondary educational institutions to residents. No alien who is unlawfully present in the United States shall receive such reduced tuition or fee amounts under any circumstances. Any provision of K.S.A. 76-731a, and amendments thereto, that is contrary to the prohibitions of this section shall be void.
Sec. 2. If any provision of this act is held to be unconstitutional under the constitution of the United States or the constitution of the state of Kansas, such provision shall be severed from the act, and the other provisions of this act shall remain valid and in effect.

Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.
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I hereby certify that the above Bill originated in the
Senate, and passed that body

__________________________
Senate adopted
Conference Committee Report
_________________________
President of the Senate.
_________________________ Secretary of the Senate.

Passed the House
as amended

House adopted
Conference Committee Report
_________________________
Speaker of the House.
_________________________ Chief Clerk of the House.

Approved
_________________________ Governor.