S.B. 187

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SERVICES FOR LEGAL ALIENS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Pete Suazo
5 AN ACT RELATING TO HUMAN SERVICES; AUTHORIZING THE CONTINUATION OF
6 SERVICES TO LEGAL ALIENS AND THOSE RESIDING IN THE UNITED STATES
7 UNDER COLOR OF LAW AND THE USE OF GENERAL FUND; AND PROVIDING AN
8 EFFECTIVE DATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 9-4-633, Utah Code Annotated 1953
12 26-18-2.5, Utah Code Annotated 1953
13 35A-8-312, Utah Code Annotated 1953
14 35A-8-313, Utah Code Annotated 1953
15 62A-1-114.5, Utah Code Annotated 1953
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 9-4-633 is enacted to read:
18 9-4-633. Grants to housing authorities.
19 (1) As used in this section,"permanently residing in the United States under the color of
20 law" means a person:
21 (a) who was lawfully admitted to the United States for temporary residency;
22 (b) who is residing in the United States with the knowledge and permission of the United
23 States Immigration and Naturalization Service; and
24 (c) whose departure from the United States the United States Immigration and
25 Naturalization Services is not contemplating enforcing.
26 (2) Within appropriations from the Legislature and if the housing authority is barred under
27 federal law from using federal funds, the department may provide grants to housing authorities to

1 reimburse housing authorities for the cost of providing rental assistance to a person who:
2 (a) on August 12, 1996, was:
3 (i) a legal resident but not a citizen of the United States; or
4 (ii) permanently residing in the United States under the color of law; and
5 (b) but for his immigration status, is otherwise eligible to receive housing assistance.
6 Section 2. Section 26-18-2.5 is enacted to read:
7 26-18-2.5. Medical assistance to certain noncitizen residents.
8 (1) As used in this section,"permanently residing in the United States under the color of
9 law" means a person:
10 (a) who was lawfully admitted to the United States for temporary residency;
11 (b) who is residing in the United States with the knowledge and permission of the United
12 States Immigration and Naturalization Service; and
13 (c) whose departure from the United States the United States Immigration and
14 Naturalization Services is not contemplating enforcing.
15 (2) Within appropriations from the Legislature, the division may provide medical
16 assistance to a person who:
17 (a) on August 12, 1996, was:
18 (i) a legal resident but not a citizen of the United States; or
19 (ii) permanently residing in the United States under the color of law; and
20 (b) but for his immigration status, is otherwise eligible to receive medical assistance.
21 (3) Medical assistance under this section may be provided with general fund if the state
22 is barred under federal law from using federal funds.
23 Section 3. Section 35A-8-312 is enacted to read:
24 35A-8-312. Services to certain noncitizen residents.
25 (1) As used in this section,"permanently residing in the United States under the color of
26 law" means a person:
27 (a) who was lawfully admitted to the United States for temporary residency;
28 (b) who is residing in the United States with the knowledge and permission of the United
29 States Immigration and Naturalization Service; and
30 (c) whose departure from the United States the United States Immigration and
31 Naturalization Services is not contemplating enforcing.

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1 (2) Within appropriations from the Legislature, the division may provide cash assistance
2 equal to the value of a food stamp benefit to a person who:
3 (a) on August 12, 1996, was:
4 (i) a legal resident but not a citizen of the United States; or
5 (ii) permanently residing in the United States under the color of law; and
6 (b) but for his immigration status, is otherwise eligible to receive food stamp assistance.
7 (3) Cash assistance under this section may be provided with general fund if the state is
8 barred under federal law from using federal funds.
9 Section 4. Section 35A-8-313 is enacted to read:
10 35A-8-313. Services to certain noncitizen residents.
11 (1) As used in this section,"permanently residing in the United States under the color of
12 law" means a person:
13 (a) who was lawfully admitted to the United States for temporary residency;
14 (b) who is residing in the United States with the knowledge and permission of the United
15 States Immigration and Naturalization Service; and
16 (c) whose departure from the United States the United States Immigration and
17 Naturalization Services is not contemplating enforcing.
18 (2) Within appropriations from the Legislature, the division may provide cash assistance
19 equal to the value of a federal supplemental security income benefit to a person who:
20 (a) on August 12, 1996, was:
21 (i) a legal resident but not a citizen of the United States; or
22 (ii) permanently residing in the United States under the color of law; and
23 (b) but for his immigration status, is otherwise eligible to receive federal supplemental
24 security income assistance.
25 (3) Cash assistance under this section may be provided with general fund if the state is
26 barred under federal law from using federal funds.
27 Section 5. Section 62A-1-114.5 is enacted to read:
28 62A-1-114.5. Services to certain noncitizen residents.
29 (1) As used in this section,"permanently residing in the United States under the color of
30 law" means a person:
31 (a) who was lawfully admitted to the United States for temporary residency;

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1 (b) who is residing in the United States with the knowledge and permission of the United
2 States Immigration and Naturalization Service; and
3 (c) whose departure from the United States the United States Immigration and
4 Naturalization Services is not contemplating enforcing.
5 (2) Within appropriations from the Legislature, the department, a local area agency on
6 aging, a local mental health authority, or a local substance abuse authority may provide a service
7 or program to a person who:
8 (a) on August 12, 1996, was:
9 (i) a legal resident but not a citizen of the United States; or
10 (ii) permanently residing in the United States under the color of law; and
11 (b) but for his immigration status, is otherwise eligible to receive such program or service.
12 (3) A program or service provided under this section may be provided with general fund
13 or county funds if the state is barred under federal law from using federal funds.
14 Section 6. Effective date.
15 This act takes effect on July 1, 1997.




Legislative Review Note
as of 2-13-97 3:35 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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