Okla. Stat. tit. 56, § 56-71

benefits – Exceptions – Affidavit - Fraudulent representations -

Annual report.

A. Except as provided in subsection C of this section or where

exempted by federal law, every agency or a political subdivision of

this state shall verify the lawful presence in the United States of

any natural person fourteen (14) years of age or older who has

applied for state or local public benefits, as defined in 8 U.S.C.,

Section 1621, or for federal public benefits, as defined in 8

U.S.C., Section 1611, that is administered by an agency or a

political subdivision of this state.

B. The provisions of this section shall be enforced without

regard to race, religion, gender, ethnicity, or national origin.

C. Verification of lawful presence under the provisions of this

section shall not be required:

1. For any purpose for which lawful presence in the United

States is not restricted by law, ordinance, or regulation;

2. For assistance for health care items and services that are

necessary for the treatment of an emergency medical condition, as

defined in 42 U.S.C., Section 1396b(v)(3), of the alien involved and

are not related to an organ transplant procedure;

Oklahoma Statutes - Title 56. Poor Persons Page 29

3. For short-term, noncash, in-kind emergency disaster relief;

4. For public health assistance for immunizations with respect

to diseases and for testing and treatment of symptoms of

communicable diseases whether or not such symptoms are caused by a

communicable disease;

5. For application of special volunteer health care licenses

that specify the eligible volunteer shall be either retired from

practice in this state or actively licensed with a clean record in

another state and that such eligible volunteer shall not receive or

have the expectation to receive any payment or compensation, either

direct or indirect, for any services rendered in this state under

the special volunteer license; or

6. For programs, services, or assistance such as soup kitchens,

crisis counseling and intervention, and short-term shelter specified

by the United States Attorney General, in the sole and unreviewable

discretion of the United States Attorney General after consultation

with appropriate federal agencies and departments which:

a. deliver in-kind services at the community level,

including through public or private nonprofit

agencies,

b. do not condition the provision of assistance, the

amount of assistance provided, or the cost of

assistance provided on the income or resources of the

individual recipient, and

c. are necessary for the protection of life or safety.

D. Verification of lawful presence in the United States by the

agency or political subdivision required to make such verification

shall require that the applicant execute an affidavit under penalty

of perjury that:

1. He or she is a United States citizen; or

2. He or she is a qualified alien under the federal Immigration

and Nationality Act and is lawfully present in the United States.

The agency or political subdivision providing the state or local

public benefits shall provide notary public services at no cost to

the applicant.

E. For any applicant who has executed the affidavit described

in paragraph 2 of subsection D of this section, eligibility for

benefits shall be verified through the Systematic Alien Verification

for Entitlements (SAVE) Program operated by the United States

Department of Homeland Security or an equivalent program designated

by the United States Department of Homeland Security. Until such

eligibility verification is made, the affidavit may be presumed to

be proof of lawful presence for the purposes of this section.

F. Any person who knowingly and willfully makes a false,

fictitious, or fraudulent statement of representation in an

affidavit executed pursuant to subsection D of this section shall be

subject to criminal penalties applicable in this state for

Oklahoma Statutes - Title 56. Poor Persons Page 30
de, the affidavit may be presumed to

be proof of lawful presence for the purposes of this section.

F. Any person who knowingly and willfully makes a false,

fictitious, or fraudulent statement of representation in an

affidavit executed pursuant to subsection D of this section shall be

subject to criminal penalties applicable in this state for

Oklahoma Statutes - Title 56. Poor Persons Page 30

fraudulently obtaining public assistance program benefits. If the

affidavit constitutes a false claim of U.S. citizenship under 18

U.S.C., Section 911, a complaint shall be filed by the agency

requiring the affidavit with the United States Attorney General for

the applicable district based upon the venue in which the affidavit

was executed.

G. Agencies or political subdivisions of this state may adopt

variations to the requirements of the provisions of this section

which demonstrably improve the efficiency or reduce delay in the

verification process, or to provide for adjudication of unique

individual circumstances where the verification procedures in this

section would impose unusual hardship on a legal resident of

Oklahoma.

H. It shall be unlawful for any agency or a political

subdivision of this state to provide any state, local, or federal

benefit, as defined in 8 U.S.C., Section 1621, or 8 U.S.C., Section

1611, in violation of the provisions of this section.

I. Each state agency or department which administers any

program of state or local public benefits shall provide an annual

report to the Governor, the President Pro Tempore of the Senate and

the Speaker of the House of Representatives with respect to its

compliance with the provisions of this section. Each agency or

department shall monitor the Systematic Alien Verification for

Entitlements Program for application verification errors and

significant delays and shall provide an annual public report on such

errors and significant delays and recommendations to ensure that the

application of the Systematic Alien Verification of Entitlements

Program is not erroneously denying benefits to legal residents of

Oklahoma. Errors shall also be reported to the United States

Department of Homeland Security by each agency or department.