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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: FMAE DP 4-2-0-1 |
HB 2806: lawful presence; public programs; verification
Sponsor: Representative Gillette, LD 30
House Engrossed
Overview
Modifies requirements for the verification of lawful presence and United States citizenship for voter registration, issuance of a driver license and identification license and Arizona Health Care Cost Containment System eligibility.
History
Individuals registering to vote must provide proof of U.S. citizenship, and county recorders verify such documentation and maintain voter registration records, including active and inactive voter status. County recorders also conduct address verification and voter list maintenance activities (A.R.S. § 16-166).
Applicants for an Arizona driver license or nonoperating identification license must demonstrate lawful presence in the U.S., and the Arizona Department of Transportation (ADOT) verifies immigration status pursuant to adopted rules (A.R.S. § 28-3153).
Applicants for eligibility under the Arizona Health Care Cost Containment System (AHCCCS) must provide verification of U.S. citizenship or qualified alien status, and AHCCCS submits reports on verification activity to specified recipients on an annual basis (A.R.S. § 36-2903.03).
The U.S. Department of Homeland Security (U.S. DHS) administers the Systematic Alien Verification for Entitlements (SAVE) Program. The SAVE Program is an online inter-governmental service designed to help federal, state and local government agencies, including benefit-granting agencies and other authorized entities, as authorized by law, determine citizenship and immigration status of individuals within their jurisdiction (DHS/USCIS, SAVE Program).
Provisions
County Recorders
1. Prohibits a county recorder from registering a person to vote who is not verified as having U.S. citizenship unless the person is verified as having citizenship through U.S. DHS's SAVE program. (Sec. 1)
2. Requires a county recorder to submit to the Joint Legislative Budget Committee (JLBC) satisfactory evidence of a fully executed memorandum of understanding (MOU) with U.S. DHS to use the SAVE Program. (Sec. 1)
3. Requires JLBC to report to the Legislature if satisfactory proof of a MOU from a county recorder is not provided to JLBC. (Sec. 1)
4. Requires a county recorder to submit reports on an outlined schedule to the Auditor General, beginning on or before December 31, 2026, that include SAVE Program queries, approvals, denials and discrepancies for the preceding three months. (Sec. 1)
Arizona Department of Transportation
5. Requires ADOT to submit to JLBC satisfactory evidence of a fully executed MOU with U.S. DHS to use the SAVE Program. (Sec. 2)
6. Directs JLBC to recommend to the Legislature a reduction in funding for ADOT if satisfactory proof of an MOU with U.S. DHS is not provided. (Sec. 2)
7. Requires ADOT to verify that an applicant’s presence in the U.S. is authorized under federal law using the SAVE Program when issuing or renewing a driver license or nonoperating identification license. (Sec. 2)
8. Requires ADOT to submit reports on an outlined schedule to the Auditor General, beginning on or before December 31, 2026, that include SAVE Program queries, approvals, denials and discrepancies for the preceding three months. (Sec. 2)
Arizona Health Care Cost Containment System (AHCCCS)
9. Requires AHCCCS to submit to JLBC satisfactory evidence of a fully executed MOU with U.S. DHS to use the SAVE Program. (Sec. 3)
10. Directs JLBC to recommend to the Legislature a reduction in funding for AHCCCS if satisfactory proof of an MOU is not provided to JLBC. (Sec. 3)
11. Requires AHCCCS to submit reports on an outlined schedule to specified officials, beginning on or before December 31, 2026, that include SAVE Program queries, approvals, denials, discrepancies, fraudulent documents identified and referrals for prosecution for the preceding three months. (Sec. 3)
12. Expands the scope of required AHCCCS reporting from individuals whose immigration status was verified to individuals whose status was queried, approved, denied or found to have discrepancies. (Sec. 3)
13. Removes the requirement for AHCCCS to submit SAVE Program reports to the Director of the Arizona State Library, Archives and Public Records. (Sec. 3)
Miscellaneous
14. Makes technical changes. (Sec. 3)
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18. Initials GG HB 2806
19. 2/23/2026 Page 0 House Engrossed
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