T67CH79

Title 67 > T67CH79

Sections (3)

67-7901

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 79 RESTRICTIONS ON PUBLIC BENEFITS 67-7901. Legislative findings. (1) The legislature hereby finds and declares that it is the public policy of the state of Idaho that all persons eighteen (18) years of age or older shall provide proof that they are lawfully present in the United States prior to receipt of certain public benefits. (2) The intent of the legislature is not to regulate immigration but to control public expenditures for certain public benefits, not inconsistent with federal law. History: [67-7901, added 2007, ch. 311, sec. 1, p. 877.]

67-7902

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 79 RESTRICTIONS ON PUBLIC BENEFITS 67-7902. Definitions. As used in this chapter: (1) Emergency medical condition shall have the same meaning as provided in 42 U.S.C. section 1396b(v)(3). (2) Federal public benefit shall have the same meaning as provided in 8 U.S.C. section 1611(c). (3) State or local public benefit shall have the same meaning as provided in 8 U.S.C. section 1621(c). History: [67-7902, added 2007, ch. 311, sec. 1, p. 877.]

67-7903

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 79 RESTRICTIONS ON PUBLIC BENEFITS 67-7903. Verification of lawful presence — Exceptions — Reporting. (1) Except as otherwise provided in subsection (3) of this section, each agency or political subdivision of this state shall verify the lawful presence in the United States of each natural person eighteen (18) years of age or older who applies for state or local public benefits or for federal public benefits for the applicant. (2) This section shall be enforced without regard to race, religion, gender, ethnicity or national origin. (3) Verification of lawful presence in the United States shall not be required: (a) For obtaining health care items and services that are necessary for the treatment of an emergency medical condition of the person involved and that are not related to an organ transplant procedure; (b) For short-term, noncash, in-kind emergency disaster relief; or (c) For programs, services, or assistance at short-term shelters that: (i) Deliver in-kind services at the community level, including services through public or private nonprofit agencies; (ii) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and (iii) Are necessary for the protection of life or public safety. (4) An agency or a political subdivision shall verify the lawful presence in the United States of each applicant eighteen (18) years of age or older for federal public benefits or state or local public benefits by: (a) Employing electronic means to verify an applicant is legally present in the United States; or (b) Requiring the applicant to provide: (i) An Idaho driver’s license or an Idaho identification card issued pursuant to section 49-2444 , Idaho Code; (ii) A valid driver’s license or similar document issued for the purpose of identification by another state or territory of the United States, if such license or document contains a photograph of the individual or such other personal identifying information relating to the individual that the director of the department of health and welfare or, with regard to unemployment compensation benefits, the director of the department of labor finds, by rule, sufficient for purposes of this section; (iii) A United States military card or a military dependent’s identification card; (iv) A United States coast guard merchant mariner card; (v) A native American tribal document; (vi) A copy of an executive office of immigration review, immigration judge or board of immigration appeals decision, granting asylee status; (vii) A copy of an executive office of immigration review, immigration judge or board of immigration appeals decision, indicating that the individual may lawfully remain in the United States; (viii) Any United States citizenship and immigration service-issued document showing refugee or asylee status or that the individual may lawfully remain in the