SB 254

                             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.
                    SENATE BILL No. 254—page 2
   Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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.