HB 88: Public Assistance Amendments - Utah

Substitute #6 → Substitute #7 · 5 edits

MODERATE

This bill substitutes a new version of HB 88 that significantly narrows its scope by removing the requirement for agencies to verify lawful presence for most public benefits. The new text deletes the broad verification mandates found in the previous version and instead focuses exclusively on amending two specific scholarship and tuition sections to remove eligibility requirements for students without lawful immigration status.

Scope change

The bill's scope was reduced from a comprehensive public benefits verification law to a narrow amendment affecting only higher education tuition and scholarship eligibility.

SCOPE

Deleted the entire section requiring agencies to verify lawful presence for state, local, and federal public benefits.

ELIGIBILITY

Removed the requirement that applicants for public benefits must be qualified aliens or lawfully present in the United States.

Removed the condition that scholarship recipients must be exempt from paying nonresident tuition under the previous lawful presence verification rules.

REMOVED

Deleted the requirement for students without lawful status to file an affidavit stating they have applied to legalize their immigration status.

TECHNICAL

Updated the list of affected Utah Code sections to reflect the removal of the broad public benefits verification provisions.

Substitute #5 → Substitute #6 · 4 edits

MODERATE

This bill removes the Senate sponsor's name and updates the bill's title to reflect it is the sixth substitute version. The substantive policy language regarding verification of lawful presence, exemptions, penalties, and audits appears identical to the previous version, with only minor formatting adjustments and the removal of the Senate sponsor field.

Scope change

The scope of the bill's policy provisions remains unchanged; only the header information and version number were modified.

TECHNICAL

Removed the Senate Sponsor name (LONG) from the header.

Updated the bill title to indicate it is the '6th Sub.' version.

Adjusted the list of affected Utah Code sections to remove the renumbered section 63G-12-40276-14-207 and keep only the standard section numbers.

Changed the effective date from May 6, 2026 to February 23, 2026 (likely a placeholder or draft date).

Substitute #4 → Substitute #5 · 5 edits

MODERATE

This bill removes the ability of state agencies to skip verification of lawful presence for public benefits and clarifies that benefits cannot be given to individuals unlawfully present in the U.S. It also updates the list of specific exemptions where verification is not required and adjusts the effective date of the legislation.

Scope change

The bill narrows the scope of agency discretion by removing the authority to waive verification requirements and explicitly prohibits providing benefits to individuals without lawful presence, except for specific listed categories.

REQUIREMENT

Removed the previous authority allowing agencies to skip verification of lawful presence for public benefits.

Reorganized and updated the list of specific exemptions where verification of lawful presence is not required, such as emergency medical care and certain disaster relief.

ELIGIBILITY

Explicitly prohibits agencies from providing state or local public benefits to individuals who are unlawfully present in the United States.

TIMELINE

Changed the effective date of the bill from May 6, 2026, to February 17, 2026.

TECHNICAL

Adjusted section numbering and formatting to align with the new structure of the bill.

Substitute #3 → Substitute #4 · 5 edits

MODERATE

This bill amends Utah's public assistance laws to strictly enforce verification of lawful presence for state and local benefits, removing agency discretion to skip checks. It adds a private right of action for taxpayers to sue government employees who fail to verify status, expands criminal penalties for fraud, and waives governmental immunity for lawsuits related to these verification failures. The bill also updates sunset dates for various health and administrative committees.

Scope change

The bill expands the scope of enforcement by allowing private citizens to sue government employees for non-compliance and clarifies that agencies cannot provide benefits to individuals without lawful presence, with specific exceptions for emergency care and certain licenses.

ENFORCEMENT

Added a private right of action allowing taxpayers to sue government employees who willfully or recklessly fail to verify lawful presence or maintain records.

Added specific criminal penalties and civil liability for individuals who fraudulently obtain benefits or government employees who fail to verify status.

ELIGIBILITY

Removed agency authority to skip verification of lawful presence for state or local public benefits; agencies must now verify status for applicants 18 and older.

SCOPE

Amended the list of code sections affected to include 63G-7-301 (Waivers of Immunity) instead of the repealed 63G-12-402, ensuring legal consistency.

TIMELINE

Updated sunset dates for various committees and programs, including the repeal of the Children's Health Care Coverage Program by July 1, 2025.

Substitute #2 → Substitute #3 · 4 edits

MODERATE

This bill removes the ability of state agencies to skip verifying a person's legal presence in the U.S. when applying for public benefits. It strengthens enforcement by requiring immediate denial of applications for undocumented individuals and adds new penalties for employees who fail to verify status. The bill also updates sunset dates for various health and social service committees.

Scope change

The bill narrows the scope of exemptions, removing the previous authority for agencies to waive verification requirements, and expands the list of specific benefits where verification is mandatory.

REQUIREMENT

Deleted language that allowed agencies to skip verification of lawful presence if they chose to do so.

ENFORCEMENT

Added a requirement for agencies to immediately deny applications from individuals found to be unlawfully present and report this information to law enforcement.

TIMELINE

Updated the sunset date for alternative eligibility under the Utah Children's Health Insurance Program from July 1, 2028, to July 1, 2026.

TECHNICAL

Removed the Senate Sponsor name from the title page and adjusted formatting of the bill header.

Substitute #1 → Substitute #2 · 4 edits

MODERATE

This bill replaces the previous version by adding a new section that waives governmental immunity for specific lawsuits, such as contract disputes and property claims, and creates a private right of action allowing individuals to sue government employees under certain circumstances. It also adds requirements for the Legislative Auditor General to conduct audits. The core provisions regarding the verification of lawful presence for public benefits remain largely the same, though the bill's scope has expanded to include these new legal and oversight mechanisms.

Scope change

The bill's scope expanded from solely addressing public benefit verification to include new provisions on government liability (immunity waivers) and oversight (audits).

REQUIREMENT

Added a new section waiving governmental immunity for specific types of lawsuits, including contract disputes, property claims, and injuries caused by sexual battery in schools.

Mandated that the Office of the Legislative Auditor General conduct audits under certain circumstances.

ENFORCEMENT

Created a private right of action allowing individuals to sue government employees under specific conditions.

TECHNICAL

Updated the list of affected Utah Code sections to include 63G-7-301, which was not in the previous version.

Amended 2/23/2026 17:02:430 → Substitute #1 · 6 edits

MODERATE

This bill replaces the previous version of HB 88 by removing the requirement for agencies to report denied benefits to the legislature and deleting the mandate for quarterly audits starting in 2027. Instead, it requires only a biennial audit by the Legislative Auditor General. The bill also removes the specific definition of 'domestic violence services' from the statute and deletes the provision allowing agencies to skip verification for certain construction trade licenses. These changes reduce the administrative burden on state agencies while maintaining the core prohibition against providing public benefits to individuals unlawfully present in the United States.

Scope change

The bill's scope regarding enforcement and oversight has been narrowed by removing the requirement for agencies to submit annual reports on denied applications and eliminating the mandate for quarterly audits, replacing them with a single biennial audit.

REQUIREMENT

Deleted the requirement for state agencies to provide an annual report to the governor and legislature detailing the number and type of benefits denied due to unlawful presence.

Removed the mandate for state agencies to conduct quarterly audits of public assistance programs beginning January 1, 2027.

ENFORCEMENT

Changed the audit frequency from quarterly audits starting in 2027 to a single biennial audit conducted by the Office of the Legislative Auditor General.

DEFINITION

Deleted the specific definition of 'domestic violence services' from the statute, though the bill still allows these services to be provided regardless of lawful status.

ELIGIBILITY

Removed the specific exemption allowing verification to be skipped for construction trade license applicants who are unincorporated entities.

TECHNICAL

Removed the Senate Sponsor name from the bill header.

Amended Excerpts 2/23/2026 17:02:430 → Amended 2/23/2026 17:02:430 · 5 edits

MODERATE

The bill was reformatted to include a formal title page and updated the legislative text to clarify verification requirements for public benefits. It explicitly defines 'domestic violence services' as exempt from verification, lists specific exemptions for emergency care and disaster relief, and adds new exceptions for tuition exemptions and financial licensing.

Scope change

The bill's scope was expanded by adding specific exemptions for home loans, financial licensing, and tuition assistance, while clarifying the definition of domestic violence services.

DEFINITION

Added a specific definition for 'domestic violence services' to clarify that these services are provided regardless of an individual's lawful status.

EXEMPTIONS

Added new exemptions for home loans insured by federal agencies and specific financial licensing applications.

Added an exemption for tuition exemptions under Section 53H-11-203.

REQUIREMENT

Reorganized the list of exemptions for lawful presence verification to include more detailed categories for disaster relief and public health assistance.

TECHNICAL

Added a formal title page with sponsor information and highlighted provisions to standardize the bill's presentation.

Introduced → Amended Excerpts 2/23/2026 17:02:430 · 4 edits

MODERATE

The bill was amended to clarify that agencies cannot skip verification of lawful presence for public benefits, while explicitly adding domestic violence services, child nutrition services, and temporary disaster shelter as exceptions where assistance can be provided regardless of an individual's immigration status. A new definition was added to align 'domestic violence services' with existing state law, and the reporting requirements were updated to include monitoring for errors in the federal verification system.

Scope change

The bill's scope was narrowed regarding verification requirements by explicitly exempting specific emergency and social services from lawful presence checks, ensuring these critical supports remain accessible to all individuals regardless of immigration status.

DEFINITION

Added a specific definition for 'domestic violence services' referencing Section 80-2-102 to ensure consistency with state law.

ELIGIBILITY

Explicitly stated that emergency medical care, mental health crisis services, temporary disaster shelter, child nutrition services, and domestic violence services can be provided to individuals regardless of their lawful status.

REQUIREMENT

Revised the language regarding verification requirements to clarify that agencies may not skip the verification process for state or local public benefits, except for the newly specified categories.

Added a requirement for state agencies to monitor the federal SAVE program for errors and delays that might incorrectly deny benefits to legal residents.

Public Assistance Amendments

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