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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 671 By: Brooks
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6 AS INTRODUCED
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7 An Act relating to public benefits; amending 56 O.S.
7 2021, Section 71, which relates to verification of
8 lawful presence of applicants; modifying definition;
8 updating statutory reference; and providing an
9 effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 56 O.S. 2021, Section 71, is
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14 amended to read as follows:
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15 Section 71. A. Except as provided in subsection C of this
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16 section or where exempted by federal law, every agency or a
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17 political subdivision of this state shall verify the lawful presence
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18 in the United States of any natural person fourteen (14) years of
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19 age or older who has applied for any state or local public benefits
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20 benefit, as defined in 8 U.S.C., Section 1621 this section, or for
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21 federal public benefits, as defined in 8 U.S.C., Section 1611, that
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22 is administered by an agency or a political subdivision of this
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23 state.
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1 B. The provisions of this section shall be enforced without
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2 regard to race, religion, gender, ethnicity, or national origin.
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3 C. Verification of lawful presence under the provisions of this
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4 section shall not be required:
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5 1. For any purpose for which lawful presence in the United
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6 States is not restricted by law, ordinance, or regulation;
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7 2. For assistance for health care items and services that are
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8 necessary for the treatment of an emergency medical condition, as
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9 defined in 42 U.S.C., Section 1396b(v)(3), of the alien involved and
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10 are not related to an organ transplant procedure;
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11 3. For short-term, noncash, in-kind emergency disaster relief;
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12 4. For public health assistance for immunizations with respect
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13 to diseases and for testing and treatment of symptoms of
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14 communicable diseases whether or not such symptoms are caused by a
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15 communicable disease;
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16 5. For application of special volunteer health care licenses
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17 that specify the eligible volunteer shall be either retired from
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18 practice in this state or actively licensed with a clean record in
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19 another state and that such eligible volunteer shall not receive or
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20 have the expectation to receive any payment or compensation, either
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21 direct or indirect, for any services rendered in this state under
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22 the special volunteer license; or
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23 6. For programs, services, or assistance such as soup kitchens,
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24 crisis counseling and intervention, and short-term shelter specified
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Req. No. 324 Page 2
1 by the United States Attorney General, in the sole and unreviewable
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2 discretion of the United States Attorney General after consultation
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3 with appropriate federal agencies and departments which:
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4 a. deliver in-kind services at the community level,
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5 including through public or private nonprofit
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6 agencies,
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7 b. do not condition the provision of assistance, the
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8 amount of assistance provided, or the cost of
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9 assistance provided on the income or resources of the
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10 individual recipient, and
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11 c. are necessary for the protection of life or safety.
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12 D. Verification of lawful presence in the United States by the
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13 agency or political subdivision required to make such verification
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14 shall require that the applicant execute an affidavit under penalty
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15 of perjury that:
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16 1. He or she is a United States citizen; or
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17 2. He or she is a qualified alien under the federal Immigration
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18 and Nationality Act and is lawfully present in the United States.
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19 The agency or political subdivision providing the state or local
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20 public benefits benefit shall provide notary public services at no
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21 cost to the applicant.
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22 E. For any applicant who has executed the affidavit described
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23 in paragraph 2 of subsection D of this section, eligibility for
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24 benefits shall be verified through the Systematic Alien Verification
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1 for Entitlements (SAVE) Program operated by the United States
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2 Department of Homeland Security or an equivalent program designated
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3 by the United States Department of Homeland Security. Until such
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4 eligibility verification is made, the affidavit may be presumed to
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5 be proof of lawful presence for the purposes of this section.
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6 F. Any person who knowingly and willfully makes a false,
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7 fictitious, or fraudulent statement of representation in an
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8 affidavit executed pursuant to subsection D of this section shall be
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9 subject to criminal penalties applicable in this state for
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10 fraudulently obtaining public assistance program benefits. If the
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11 affidavit constitutes a false claim of U.S. citizenship under 18
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12 U.S.C., Section 911, a complaint shall be filed by the agency
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13 requiring the affidavit with the United States Attorney General for
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14 the applicable district based upon the venue in which the affidavit
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15 was executed.
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16 G. Agencies or political subdivisions of this state may adopt
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17 variations to the requirements of the provisions of this section
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18 which demonstrably improve the efficiency or reduce delay in the
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19 verification process, or to provide for adjudication of unique
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20 individual circumstances where the verification procedures in this
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21 section would impose unusual hardship on a legal resident of
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22 Oklahoma.
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23 H. It shall be unlawful for any agency or a political
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24 subdivision of this state to provide any state, local, or federal
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1 benefit, as defined in 8 U.S.C., Section 1621, or 8 U.S.C., Section
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2 1611, in violation of the provisions of this section.
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3 I. Each state agency or department which administers any
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4 program of state or local public benefits shall provide an annual
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5 report to the Governor, the President Pro Tempore of the Senate and
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6 the Speaker of the House of Representatives with respect to its
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7 compliance with the provisions of this section. Each agency or
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8 department shall monitor the Systematic Alien Verification for
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9 Entitlements Program for application verification errors and
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10 significant delays and shall provide an annual public report on such
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11 errors and significant delays and recommendations to ensure that the
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12 application of the Systematic Alien Verification of Entitlements
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13 Program is not erroneously denying benefits to legal residents of
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14 Oklahoma. Errors shall also be reported to the United States
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15 Department of Homeland Security by each agency or department.
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16 J. As used in this section, "state or local public benefit" has
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17 the same meaning as provided by 8 U.S.C., Section 1621(c)(1)(B), but
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18 does not include for purposes of this section 8 U.S.C., Section
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19 1621(c)(1)(A).
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20 SECTION 2. This act shall become effective November 1, 2025.
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22 60-1-324 DC 1/19/2025 5:41:06 AM
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Req. No. 324 Page 5Every fact on this page links to its source, starting with the official bill record.