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HB 2162

HB 2162

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Published by Ken Hand
Revision to immigration law SB 1070
Revision to immigration law SB 1070

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Categories:Types, Business/Law
Published by: Ken Hand on May 07, 2010
Copyright:Attribution Non-commercial

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05/13/2010

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 - i -Conference Engrossed State of ArizonaHouse of RepresentativesForty-ninth LegislatureSecond Regular Session2010
HOUSE BILL 2162
AN ACTAMENDING SECTIONS 1-501 AND 1-502, ARIZONA REVISED STATUTES; AMENDING SECTION11-1051, ARIZONA REVISED STATUTES, AS ADDED BY SENATE BILL 1070, SECTION 2,FORTY-NINTH LEGISLATURE, SECOND REGULAR SESSION, AS TRANSMITTED TO THEGOVERNOR; AMENDING SECTION 13-1509, ARIZONA REVISED STATUTES, AS ADDED BYSENATE BILL 1070, SECTION 3, FORTY-NINTH LEGISLATURE, SECOND REGULAR SESSION,AS TRANSMITTED TO THE GOVERNOR; AMENDING SECTION 13-2928, ARIZONA REVISEDSTATUTES, AS ADDED BY SENATE BILL 1070, SECTION 5, FORTY-NINTH LEGISLATURE,SECOND REGULAR SESSION, AS TRANSMITTED TO THE GOVERNOR; AMENDING SECTION13-2929, ARIZONA REVISED STATUTES, AS ADDED BY SENATE BILL 1070, SECTION 5,FORTY-NINTH LEGISLATURE, SECOND REGULAR SESSION, AS TRANSMITTED TO THEGOVERNOR; RELATING TO IMMIGRATION AND BORDER SECURITY; PROVIDING FORCONDITIONAL ENACTMENT.(TEXT OF BILL BEGINS ON NEXT PAGE)
 
 H.B. 2162- 1 -Be it enacted by the Legislature of the State of Arizona:1Section 1. Section 1-501, Arizona Revised Statutes, is amended to2read:31-501.Eligibility for federal public benefits; documentation;4violation; classification; citizen suits; attorney5fees; definition 6A. Notwithstanding any other state law and to the extent permitted by7federal law, anyNATURALperson who applies for a federal public benefit that8 is administered by this state or a political subdivision of this state and9that requires participants to be citizens of the United States, legal10residents of the United States or otherwise lawfully present in the United11States shall submit at least one of the following documents to the entity12that administers the federal public benefit demonstrating lawful presence in13the United States:141. An Arizona driver license issued after 1996 or an Arizona15nonoperating identification license.162. A birth certificate or delayed birth certificate issued in any17state, territory or possession of the United States.183. A United States certificate of birth abroad.194. A United States passport.205. A foreign passport with a United States visa.216. An I-94 form with a photograph.227. A United States citizenship and immigration services employment23authorization document or refugee travel document.248. A United States certificate of naturalization.259. A United States certificate of citizenship.2610. A tribal certificate of Indian blood.2711. A tribal or bureau of Indian affairs affidavit of birth.28B. For the purposes of administering the Arizona health care cost29containment system, documentation of citizenship and legal residence shall30conform with the requirements of title XIX of the social security act.31C. To the extent permitted by federal law, an agency of this state or32political subdivision of this state may allow tribal members, the elderly and33persons with disabilities or incapacity of the mind or body to provide34documentation as specified in section 6036 of the federal deficit reduction35act of 2005 (P.L. 109-171; 120 Stat. 81) and related federal guidance in lieu36of the documentation required by this section.37D. Any person who applies for federal public benefits shall sign a38sworn affidavit stating that the documents presented pursuant to subsection A39OF THIS SECTIONare true under penalty of perjury.40E. Failure to report discovered violations of federal immigration law41by an employee of an agency of this state or a political subdivision of this42state that administers any federal public benefit is a class 2 misdemeanor.43If that employee's supervisor knew of the failure to report and failed to44
 
 H.B. 2162- 2 -direct the employee to make the report, the supervisor is guilty of a class 21misdemeanor.2F. This section shall be enforced without regard to race, color,3religion, sex, age, disability or national origin.4G. Any person who is a resident of this state has standing in any5court of record to bring suit against any agent or agency of this state or6its political subdivisions to remedy any violation of any provision of this7section, including an action for mandamus. Courts shall give preference to8actions brought under this section over other civil actions or proceedings9pending in the court.10H. THE COURT MAY AWARD COURT COSTS AND REASONABLE ATTORNEY FEES TO ANY11PERSON OR ANY OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR12OTHER POLITICAL SUBDIVISION OF THIS STATE THAT PREVAILS BY AN ADJUDICATION ON13THE MERITS IN A PROCEEDING BROUGHT PURSUANT TO THIS SECTION.14H. I.For the purposes of this section, "federal public benefit" has15 the same meaning prescribed in 8 United States Code section 1611.16Sec. 2. Section 1-502, Arizona Revised Statutes, is amended to read:171-502. Eligibility for state or local public benefits;18 documentation; violation; classification; citizen19suits; attorney fees; definition 20A. Notwithstanding any other state law and to the extent permitted by21federal law, any agency of this state or a political subdivision of this22state that administers any state or local public benefit shall require each23NATURALperson who applies for the state or local public benefit to submit at24least one of the following documents to the entity that administers the state25or local public benefit demonstrating lawful presence in the United States:261. An Arizona driver license issued after 1996 or an Arizona27nonoperating identification license.282. A birth certificate or delayed birth certificate issued in any29state, territory or possession of the United States.303. A United States certificate of birth abroad.314. A United States passport.325. A foreign passport with a United States visa.336. An I-94 form with a photograph.347. A United States citizenship and immigration services employment35authorization document or refugee travel document.368. A United States certificate of naturalization.379. A United States certificate of citizenship.3810. A tribal certificate of Indian blood.3911. A tribal or bureau of Indian affairs affidavit of birth.40B. For the purposes of administering the Arizona health care cost41containment system, documentation of citizenship and legal residence shall42conform with the requirements of title XIX of the social security act.43

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