Summary — HB 1909 (Arkansas draft: "Public Services Only for Citizens Act")
Note on documents provided
- The files you supplied include conflicting materials: an Arkansas draft titled the "Public Services Only for Citizens Act" (added to Arkansas Code Title 20, Ch. 76), a fiscal-impact memo (Arkansas DHS), and unrelated material from another jurisdiction (an Illinois HB1909 about agricultural equipment repair). This summary focuses on the Arkansas HB 1909 text and its fiscal memo. Please confirm if you intended a different HB 1909 (e.g., the Buffalo Water appropriation or the Illinois measure).
Bill identification and status
- Bill: HB 1909 (Arkansas, 95th General Assembly, Regular Session 2025)
- Sponsor: Rep. Long (primary)
- Introduced: January 16, 2025
- Committee/Disposition: Assigned to Appropriations A; Died in House Committee at Sine Die adjournment (May 5, 2025).
Purpose and intent
- To create the "Public Services Only for Citizens Act," establishing citizenship and Arkansas residency verification requirements for adults (age 18+) seeking federal, state, or local public benefits administered by state agencies or political subdivisions.
Key provisions and changes
- Creates Subchapter 9 (20-76-901 — 20-76-904) in Ark. Code §20-76:
- Definitions adopt federal terms for "federal public benefit" and "state or local public benefit" as they read on Jan 1, 2025.
- Requires state agencies/political subdivisions to verify that each applicant 18+ receiving a public benefit:
- Is a U.S. citizen; and
- Resides in Arkansas.
- Application forms and phone systems must include an attestation of U.S. citizenship under penalty of perjury and describe penalties; implementation occurs on first reprinting/updating of forms or systems.
- Acceptable citizenship documents (applicants claiming citizenship): certified birth certificate; Certification/Consular Report of Birth Abroad; Certificate of Naturalization; or successor documents.
- Acceptable residency documents: utility bill or bank statement in applicant’s name at least six months prior, Arkansas driver’s license or state ID issued within six months prior, etc.
- Submitted documents are presumed valid until final verification; agencies may not delay benefit distribution solely because final verification is pending.
- If final verification shows non-citizenship, agencies must terminate recurring benefits, recover benefits as a state debt, and may pursue prosecution (the bill references theft of public benefits under §5‑36‑202).
- Verification must be applied without regard to race, religion, gender, ethnicity, or national origin; agencies must review verifications as needed.
- Annual reporting requirement: agencies/political subdivisions must report verification outcomes at fiscal year end to the Legislative Council and Governor.
Who would be affected
- Applicants for federal, state, or local public benefits administered by Arkansas state agencies or political subdivisions (adults 18+).
- State agencies and local governments: new verification, recordkeeping, reporting, and potential enforcement duties.
- Noncitizens who currently receive benefits could face termination, debt collection, or criminal charges if benefits were received ineligible.
- Administrative workforce: implementation requires additional clerical/caseworker resources and systems changes.
Estimated fiscal impact (Arkansas DHS memo)
- Estimated total “computable” impact range: $3.23 million – $6.89 million.
- Estimated State share: ~$1.50 million – $3.33 million (federal share estimated separately).
- Cost drivers cited: additional clerical and caseworker staff, mailings, and a one-time system cost (~$500,000). (Prepared by Arkansas Department of Human Services.)
Procedural/timeline notes
- Statutory text specifies implementation of form changes upon first reprinting/updating of agency forms or automated phone systems.
- Annual reporting is required at fiscal year end.
- Because the bill died in committee at the end of the 2025 session, it did not become law.
If you want, I can:
- Produce a side-by-side comparison of the verification steps and penalties, or
- Prepare a short briefing for affected state agencies outlining implementation tasks and likely timeline/costs.
