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First Substitute S.B. 81
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill
on Mon, Feb 25, 2008 at 4:03 PM by rday. -->
This document includes House Floor Amendments incorporated into the bill on Mon, Mar
3, 2008 at 4:11 PM by jeyring. -->
Senator John W. Hickman proposes the following substitute bill:
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ILLEGAL IMMIGRATION
2
2008 GENERAL SESSION
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STATE OF UTAH
4
Chief Sponsor: John W. Hickman
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House Sponsor:
Michael E. Noel
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LONG TITLE
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General Description:
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This bill deals with provisions related to the immigration status of individuals within
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the state.
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Highlighted Provisions:
12
This bill:
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. requires a county sheriff to make a reasonable effort to determine the citizenship
14
status of a person confined to a county jail for a period of time and to verify the
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immigration status of a confined foreign national, and makes it a rebuttable
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presumption, for the purpose of determining the grant or issuance of a bond, that a
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person verified by the sheriff's efforts as a foreign national not lawfully admitted
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into the United States is at risk of flight;
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. provides that the Alcoholic Beverage Control Commission may not grant a
20
restaurant liquor license or private club license to a person who is not lawfully
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present in the United States;
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. provides for the creation and issuance of identification documents and requires that
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those identification documents issued by public entities go only to United States
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citizens, nationals, or legal permanent resident aliens with certain exceptions;
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. provides for exceptions to the issuance of identification documents by public
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entities based on valid documentation of certain approved or pending immigration status and
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places time period restrictions on the length of validity of the documents;
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. requires public employers to register with and use a Status Verification System to
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verify the federal authorization status of a new employee;
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. beginning July 1, 2009, provides that a public employer may not enter into a
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contract for the physical performance of services within the state with a contractor
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unless the contractor registers and participates in the Status Verification System to
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verify the work eligibility status of the contractor's new employees;
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. provides that it is unlawful to discharge a lawful employee while retaining an
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unauthorized alien in the same job category;
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. requires an agency or political subdivision of the state to verify the lawful presence
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in the United States of an individual who has applied for a state or local public
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benefit, as defined by federal law, or a federal public benefit that is administered by
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the agency or the political subdivision and provides for exceptions;
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. requires an applicant for a state or local public benefit to certify the applicant's
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lawful presence in the United States, and provides penalties for making a false,
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fictitious, or fraudulent statement or representation in the application;
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. provides, subject to the availability of funding, for the establishment of a Fraudulent
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Documents Identification Unit by the attorney general for the primary purpose of
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investigating, apprehending, and prosecuting individuals who participate in the sale
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or distribution of fraudulent identification documents created and prepared for
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individuals who are unlawfully residing within the state;
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. requires the attorney general to negotiate a Memorandum of Understanding with the
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United States Department of Justice or the United States Department of Homeland
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Security for the enforcement of federal immigration and customs laws within the
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state by state and local law enforcement personnel;
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. prohibits a unit of local government from enacting an ordinance or policy that limits
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or prohibits a law enforcement officer or government employee from
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communicating or cooperating with federal officials regarding the immigration
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status of a person within the state; and
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. makes it a class A misdemeanor for a person to:
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Senate 3rd Reading Amendments 2-25-2008 rd/jlw
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. transport in this state an alien for commercial advantage or private financial
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gain, knowing that the alien is in the United States in violation of federal law, in
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furtherance of the illegal presence in the United States; or
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. conceal, harbor, or shelter from detection an alien, in a place within this state for
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commercial advantage or private financial gain, knowing or in reckless
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disregard of the fact that the alien is in the United States in violation of federal
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law.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
66a
S. This bill takes effect on July 1, 2009. .S
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This bill coordinates with H.B. 63, Recodification of Title 63 State Affairs in General,
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by providing technical renumbering.
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Utah Code Sections Affected:
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AMENDS:
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32A-4-103, as last amended by Laws of Utah 2003, Chapter 314
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32A-5-103, as last amended by Laws of Utah 2003, Chapter 314
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ENACTS:
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17-22-9.5, Utah Code Annotated 1953
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63-99a-101, Utah Code Annotated 1953
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63-99a-102, Utah Code Annotated 1953
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63-99a-103, Utah Code Annotated 1953
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63-99a-104, Utah Code Annotated 1953
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67-5-22.5, Utah Code Annotated 1953
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67-5-26, Utah Code Annotated 1953
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76-10-2701, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
17-22-9.5
is enacted to read:
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17-22-9.5. Citizenship determination of incarcerated persons.
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(1) The sheriff shall make a reasonable effort to determine the citizenship status of a
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person charged with a felony or driving under the influence under Section
41-6a-502
when the
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person is confined to the county jail for a period of time.
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(2) If the confined person is a foreign national, the sheriff shall make a reasonable
90
effort to verify that the person:
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(a) has been lawfully admitted into the United States; and
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(b) the person's lawful status has not expired.
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(3) (a) If the sheriff cannot verify the confined person's lawful status from documents
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in the person's possession, the sheriff shall attempt to verify that status within 48 hours of the
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person's confinement at the jail through contacting:
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(i) the Law Enforcement Support Center of the United States Department of Homeland
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Security; or
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(ii) an office or agency designated for citizenship status verification by the United
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States Department of Homeland Security.
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(b) The sheriff shall notify the United States Department of Homeland Security of a
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person whose lawful citizenship status cannot be verified under Subsection (2) or (3)(a).
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(4) It is a rebuttable presumption for the purpose of determining the grant or issuance
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of a bond that a person who is verified under this section as a foreign national not lawfully
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admitted into the United States is at risk of flight.
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Section 2.
Section
32A-4-103
is amended to read:
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32A-4-103. Qualifications.
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(1) (a) The commission may not grant a restaurant liquor license to any person who has
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been convicted of:
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(i) a felony under [any] a federal or state law;
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(ii) [any] a violation of [any] a federal or state law or local ordinance concerning the
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sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic
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beverages;
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(iii) [any] a crime involving moral turpitude; or
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(iv) on two or more occasions within the five years before the day on which the license
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is granted, driving under the influence of alcohol, [any] a drug, or the combined influence of
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alcohol and [any] a drug.
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(b) In the case of a partnership, corporation, or limited liability company the
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proscription under Subsection (1)(a) applies if any of the following has been convicted of [any]
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an offense described in Subsection (1)(a):
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(i) a partner;
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(ii) a managing agent;
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(iii) a manager;
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(iv) an officer;
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(v) a director;
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(vi) a stockholder who holds at least 20% of the total issued and outstanding stock of
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the applicant corporation; or
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(vii) a member who owns at least 20% of the applicant limited liability company.
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(c) The proscription under Subsection (1)(a) applies if [any] a person employed to act
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in a supervisory or managerial capacity for a restaurant has been convicted of [any] an offense
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described in Subsection (1)(a).
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(2) The commission may immediately suspend or revoke a restaurant liquor license if
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after the day on which the restaurant liquor license is granted, a person described in Subsection
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(1)(a), (b), or (c):
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(a) is found to have been convicted of [any] an offense described in Subsection (1)(a)
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prior to the license being granted; or
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(b) on or after the day on which the license is granted:
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(i) is convicted of an offense described in Subsection (1)(a)(i), (ii), or (iii); or
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(ii) (A) is convicted of driving under the influence of alcohol, [any] a drug, or the
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combined influence of alcohol and [any] a drug; and
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(B) was convicted of driving under the influence of alcohol, [any] a drug, or the
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combined influence of alcohol and [any] a drug within five years before the day on which the
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person is convicted of the offense described in Subsection (2)(b)(ii)(A).
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(3) The director may take emergency action by immediately suspending the operation
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of a restaurant liquor license according to the procedures and requirements of Title 63, Chapter
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46b, Administrative Procedures Act, for the period during which the criminal matter is being
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adjudicated if a person described in Subsection (1)(a), (b), or (c):
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(a) is arrested on a charge for an offense described in Subsection (1)(a)(i), (ii), or (iii);
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or
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(b) (i) is arrested on a charge for the offense of driving under the influence of alcohol,
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[any] a drug, or the combined influence of alcohol and [any] a drug; and
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(ii) was convicted of driving under the influence of alcohol, [any] a drug, or the
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combined influence of alcohol and [any] a drug within five years before the day on which the
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person is arrested on a charge described in Subsection (3)(b)(i).
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(4) (a) (i) The commission may not grant a restaurant liquor license to [any] a person
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who has had any type of license, agency, or permit issued under this title revoked within the
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last three years.
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(ii) The commission may not grant a restaurant liquor license to an applicant that is a
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partnership, corporation, or limited liability company if [any] a partner, managing agent,
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manager, officer, director, stockholder who holds at least 20% of the total issued and
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outstanding stock of the applicant corporation, or member who owns at least 20% of the
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applicant limited liability company is or was:
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(A) a partner or managing agent of [any] a partnership that had any type of license,
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agency, or permit issued under this title revoked within the last three years;
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(B) a managing agent, officer, director, or stockholder who holds or held at least 20%
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of the total issued and outstanding stock of [any] a corporation that had any type of license,
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agency, or permit issued under this title revoked within the last three years; or
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(C) a manager or member who owns or owned at least 20% of [any] a limited liability
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company that had any type of license, agency, or permit issued under this title revoked within
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the last three years.
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(b) An applicant that is a partnership, corporation, or limited liability company may not
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be granted a restaurant liquor license if any of the following had any type of license, agency, or
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permit issued under this title revoked while acting in that person's individual capacity within
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the last three years:
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(i) a partner or managing agent of the applicant partnership;
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(ii) [any] a managing agent, officer, director, or stockholder who holds at least 20% of
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the total issued and outstanding stock of the applicant corporation; or
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(iii) a manager or member who owns at least 20% of the applicant limited liability
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company.
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(c) A person acting in an individual capacity may not be granted a restaurant liquor
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license if that person was:
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(i) a partner or managing agent of a partnership that had any type of license, agency, or
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permit issued under this title revoked within the last three years;
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(ii) a managing agent, officer, director, or stockholder who held at least 20% of the
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total issued and outstanding stock of a corporation that had any type of license, agency, or
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permit issued under this title revoked within the last three years; or
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(iii) a manager or member of a limited liability company who owned at least 20% of
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the limited liability company that had any type of license, agency, or permit issued under this
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title revoked within the last three years.
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(5) (a) A minor may not be granted a restaurant liquor license.
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(b) The commission may not grant a restaurant liquor license to an applicant that is a
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partnership, corporation, or limited liability company if any of the following is a minor:
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(i) a partner or managing agent of the applicant partnership;
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(ii) a managing agent, officer, director, or stockholder who holds at least 20% of the
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total issued and outstanding stock of the applicant corporation; or
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(iii) a manager or member who owns at least 20% of the applicant limited liability
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company.
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(6) If [any] a person to whom a license has been issued under this part no longer
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possesses the qualifications required by this title for obtaining that license, the commission
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may suspend or revoke that license.
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(7) The commission may not grant a restaurant liquor license to an applicant who is not
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lawfully present in the United States.
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Section 3.
Section
32A-5-103
is amended to read:
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32A-5-103. Qualifications.
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(1) (a) The commission may not grant a private club license to [any] a person who has
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been convicted of:
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(i) a felony under [any] a federal or state law;
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(ii) [any] a violation of [any] a federal or state law or local ordinance concerning the
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sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic
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beverages;
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(iii) [any] a crime involving moral turpitude; or
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(iv) on two or more occasions within the five years before the day on which the license
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is granted, driving under the influence of alcohol, [any] a drug, or the combined influence of
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alcohol and [any] a drug.
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(b) In the case of a partnership, corporation, or limited liability company, the
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proscription under Subsection (1)(a) applies if any of the following has been convicted of [any]
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an offense described in Subsection (1)(a):
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(i) a partner;
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(ii) a managing agent;
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(iii) a manager;
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(iv) an officer;
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(v) a director;
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(vi) a stockholder who holds at least 20% of the total issued and outstanding stock of
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the applicant corporation; or
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(vii) a member who owns at least 20% of the applicant limited liability company.
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(c) The proscription under Subsection (1)(a) applies if [any] a person employed to act
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in a supervisory or managerial capacity for a private club has been convicted of [any] an
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offense described in Subsection (1)(a).
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(2) The commission may immediately suspend or revoke a private club license if after
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the day on which the private club license is granted, a person described in Subsection (1)(a),
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(b), or (c):
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(a) is found to have been convicted of [any] an offense described in Subsection (1)(a)
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prior to the license being granted; or
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(b) on or after the day on which the license is granted:
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(i) is convicted of an offense described in Subsection (1)(a)(i), (ii), or (iii); or
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(ii) (A) is convicted of driving under the influence of alcohol, [any] a drug, or the
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combined influence of alcohol and [any] a drug; and
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(B) was convicted of driving under the influence of alcohol, [any] a drug, or the
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combined influence of alcohol and [any] a drug within five years before the day on which the
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person is convicted of the offense described in Subsection (2)(b)(ii)(A).
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(3) The director may take emergency action by immediately suspending the operation
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of a private club license according to the procedures and requirements of Title 63, Chapter 46b,
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Administrative Procedures Act, for the period during which the criminal matter is being
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adjudicated if a person described in Subsection (1)(a), (b), or (c):
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(a) is arrested on a charge for [any] an offense described in Subsection (1)(a)(i), (ii), or
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(iii); or
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(b) (i) is arrested on a charge for the offense of driving under the influence of alcohol,
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[any] a drug, or the combined influence of alcohol and [any] a drug; and
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(ii) was convicted of driving under the influence of alcohol, [any] a drug, or the
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combined influence of alcohol and [any] a drug within five years before the day on which the
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person is arrested on a charge described in Subsection (3)(b)(i).
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(4) (a) (i) The commission may not grant a private club license to [any] a person who
252
has had any type of license, agency, or permit issued under this title revoked within the last
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three years.
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(ii) The commission may not grant a private club license to [any] an applicant that is a
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partnership, corporation, or limited liability company if [any] a partner, managing agent,
256
manager, officer, director, stockholder who holds at least 20% of the total issued and
257
outstanding stock of an applicant corporation, or member who owns at least 20% of an
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applicant limited liability company is or was:
259
(A) a partner or managing agent of [any] a partnership that had any type of license,
260
agency, or permit issued under this title revoked within the last three years;
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(B) a managing agent, officer, director, or a stockholder who holds or held at least 20%
262
of the total issued and outstanding stock of [any] a corporation that had any type of license,
263
agency, or permit issued under this title revoked within the last three years; or
264
(C) a manager or member who owns or owned at least 20% of [any] a limited liability
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company that had any type of license, agency, or permit issued under this title revoked within
266
the last three years.
267
(b) An applicant that is a partnership, corporation, or limited liability company may not
268
be granted a private club license if any of the following had any type of license, agency, or
269
permit issued under this title revoked while acting in that person's individual capacity within
270
the last three years:
271
(i) [any] a partner or managing agent of the applicant partnership;
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(ii) [any] a managing agent, officer, director, or stockholder who holds at least 20% of
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the total issued and outstanding stock of the applicant corporation; or
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(iii) [any] a manager or member who owned at least 20% of the applicant limited
275
liability company.
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(c) A person acting in an individual capacity may not be granted a private club license
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if that person was:
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(i) a partner or managing agent of a partnership that had any type of license, agency, or
279
permit issued under this title revoked within the last three years;
280
(ii) a managing agent, officer, director, or stockholder who held at least 20% of the
281
total issued and outstanding stock of a corporation that had any type of license, agency, or
282
permit issued under this title revoked within the last three years; or
283
(iii) a manager or member of a limited liability company who owned at least 20% of
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the limited liability company that had any type of license, agency, or permit issued under this
285
title revoked within the last three years.
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(5) (a) A minor may not be granted a private club license.
287
(b) The commission may not grant a private club license to an applicant that is a
288
partnership, corporation, or limited liability company if any of the following is a minor:
289
(i) a partner or managing agent of the applicant partnership;
290
(ii) a managing agent, officer, director, or stockholder who holds at least 20% of the
291
total issued and outstanding stock of the applicant corporation; or
292
(iii) a manager or member who owns at least 20% of the applicant limited liability
293
company.
294
(6) If [any] a person or entity to whom a license has been issued under this chapter no
295
longer possesses the qualifications required by this title for obtaining that license, the
296
commission may suspend or revoke that license.
297
(7) The commission may not grant a private club license to an applicant who is not
298
lawfully present in the United States.
299
Section 4.
Section
63-99a-101
is enacted to read:
300
CHAPTER 99a. IDENTITY DOCUMENTS AND VERIFICATION
301
63-99a-101. Title.
302
This chapter is known as "Identity Documents and Verification."
303
Section 5.
Section
63-99a-102
is enacted to read:
304
63-99a-102. Creation of identity documents -- Issuance to citizens, nationals, and
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legal permanent resident aliens -- Exceptions.
306
(1) The following entities may create, publish, or otherwise manufacture an
307
identification document, identification card, or identification certificate and possess an
308
engraved plate or other device for the printing of an identification document:
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(a) a federal, state, or local government agency for employee identification, which is
310
designed to identify the bearer as an employee;
311
(b) a federal, state, or local government agency for purposes authorized or required by
312
law or a legitimate purpose consistent with the duties of the agency, including such documents
313
as voter identification cards, driver licenses, identification cards, passports, birth certificates,
314
and Social Security cards; and
315
(c) a public school or state or private educational institution to identify the bearer as an
316
administrator, faculty member, student, or employee.
317
(2) The name of the issuing entity shall be clearly printed upon the face of the
318
identification document.
319
(3) Except as otherwise provided in Subsections (4) and (5) or by federal law, an entity
320
providing an identity document, card, or certificate under Subsection (1)(b) or (c) shall issue
321
the document, card, or certificate only to:
322
(a) a United States citizen;
323
(b) a national; or
324
(c) a legal permanent resident alien.
325
(4) (a) Subsection (3) does not apply to an applicant for an identification document
326
who presents, in person, valid documentary evidence of the applicant's:
327
(i) unexpired immigrant or nonimmigrant visa status for admission into the United
328
States;
329
(ii) pending or approved application for asylum in the United States;
330
(iii) admission into the United States as a refugee;
331
(iv) pending or approved application for temporary protected status in the United
332
States;
333
(v) approved deferred action status; or
334
(vi) pending application for adjustment of status to legal permanent resident or
335
conditional resident.
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(b) (i) An entity listed in Subsection (1)(b) or (c) may issue a Subsection (1)(b) or (c)
337
identification document to an applicant who satisfies the requirements of Subsection (4)(a).
338
(ii) Except as otherwise provided by federal law, the document is valid only:
339
(A) during the period of time of the individual's authorized stay in the United States; or
340
(B) for one year from the date of issuance if there is no definite end to the individual's
341
period of authorized stay.
342
(iii) An entity issuing an identification document under this Subsection (4) shall clearly
343
indicate on the document:
344
(A) that it is temporary; and
345
(B) its expiration date.
346
(c) An individual may renew a document issued under this Subsection (4) only upon
347
presentation of valid documentary evidence that the status by which the individual originally
348
qualified for the identification document has been extended by the United States Citizenship
349
and Immigration Services or other authorized agency of the United States Department of
350
Homeland Security.
351
(5) (a) Subsection (3) does not apply to an identification document issued under
352
Subsection (1)(c) that is only:
353
(i) valid for use on the educational institution's campus or facility; and
354
(ii) includes a statement of the restricted use conspicuously printed upon the face of the
355
identification document.
356
(b) Subsection (3) does not apply to a driving privilege card issued or renewed under
357
Section
53-3-207
.
357a
H. (6) This section shall be enforced without regard to race, religion, gender, ethnicity. or
357b
national origin. .H
358
Section 6.
Section
63-99a-103
is enacted to read:
359
63-99a-103. Status verification system -- Registration and use -- Performance of
360
services -- Unlawful practice.
361
(1) As used in this section:
362
(a) "Contractor" means a subcontractor, contract employee, staffing agency, H. trade
362a
union, .H or any
363
contractor regardless of its tier.
364
(b) "Public employer" means a department, agency, instrumentality, or political
365
subdivision of the state.
366
(c) (i) "Status Verification System" means an electronic system operated by the federal
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government, through which an authorized official of a state agency or a political subdivision of
368
the state may inquire by exercise of authority delegated pursuant to 8 U.S.C., Sec. 1373, to
369
verify the citizenship or immigration status of an individual within the jurisdiction of the
370
agency or political subdivision for a purpose authorized under this section.
371
(ii) "Status Verification System" includes:
372
(A) the electronic verification of the work authorization program of the Illegal
373
Immigration Reform and Immigration Responsibility Act of 1996, 8 U.S.C., Sec. 1324a,
374
known as the Basic Pilot Program;
375
(B) an equivalent federal program designated by the United States Department of
376
Homeland Security or other federal agency authorized to verify the work eligibility status of a
377
newly hired employee pursuant to the Immigration and Reform Control Act of 1986;
378
(C) the Social Security Number Verification Service or similar online verification
379
process implemented by the United States Social Security Administration; or
380
(D) an independent third-party system with an equal or higher degree of reliability as
381
the programs, systems, or processes described in Subsection (1)(a)(ii)(A), (B), or (C).
382
(d) "Unauthorized alien" means an alien as defined in 8 U.S.C., Sec. 1324a(h)(3).
383
(2) H. (a) .H Each public employer shall register with and use a Status Verification
383a
System to
384
verify the federal employment authorization status of a new employee.
384a
H. (b) This section shall be enforced without regard to race, religion, gender, ethnicity, or
384b
national origin. .H
385
(3) (a) Beginning July 1, 2009:
386
(i) a public employer may not enter into a contract for the physical performance of
387
services within the state with a contractor unless the contractor registers and participates in the
388
Status Verification System to verify the work eligibility status of the contractor's new
389
employees S. that are employed in the state .S .
390
(ii) a contractor shall register and participate in the Status Verification System in order
391
to enter into a contract with a public employer.
391a
H. (b)(i) For purposes of compliance with Subsection (3)(a), a contractor is individually
391b
responsible for verifying the employment status of only new employees who work under the
391c
contractor's supervision or direction and not those who work for another contractor or
391d
subcontractor, except as otherwise provided in Subsection (3)(b)(i).
391e
(ii) Each contractor or subcontractor who works under or for another contractor shall
391f
certify to the main contractor by affidavit that the contractor or subcontractor has
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House Floor Amendments 3-3-2008 je/jlw
391g
verified through the Status Verification System the employment status of each new employee
391h
of the respective contractor or subcontractor.
392
[
(b)
] (c) .H Subsection (3)(a) does not apply to a contract:
393
(i) entered into by the entities referred to in Subsection (3)(a) prior to July 1, 2009,
394
even though the contract may involve the physical performance of services within the state on
395
or after July 1, 2009; or
396
(ii) that involves underwriting, remarketing, broker-dealer activities, securities
397
placement, investment advisory, financial advisory, or other financial or investment banking
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services.
399
(4) (a) It is unlawful for an employing entity in the state to discharge an employee
400
working in Utah who is a United States citizen or permanent resident alien S. [
while retaining
] and
400a
replace the employee with, or have the employee's duties assumed by, .S an
401
employee who:
402
(i) the employing entity knows, or reasonably should have known, is an unauthorized
403
alien hired on or after July 1, 2009; and
404
(ii) is working in the state in a job category:
405
(A) that requires equal skill, effort, and responsibility; and
406
(B) which is performed under similar working conditions, as defined in 29 U.S.C., Sec.
407
206 (d)(1), as the job category held by the discharged employee.
408
(b) An employing entity, which on the date of a discharge in question referred to in
409
Subsection (4)(a) is enrolled in and using the Status Verification System to verify the
410
employment eligibility of its employees in Utah who are hired on or after July 1, 2009, is
411
exempt from liability, investigation, or lawsuit arising from an action under this section.
412
(c) A cause of action for a violation of this Subsection (4) arises exclusively from the
413
provisions of this Subsection (4).
414
Section 7.
Section
63-99a-104
is enacted to read:
415
63-99a-104. Receipt of state, local, or federal public benefits -- Verification --
416
Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
417
(1) Except as provided in Subsection (3) or where exempted by federal law, an agency
418
or political subdivision of the state shall verify the lawful presence in the United States of an
419
individual at least 18 years of age who has applied for:
420
(a) a state or local public benefit as defined in 8 U.S.C., Sec. 1621; or
421
(b) a federal public benefit as defined in 8 U.S.C., Sec. 1611, that is administered by an
422
agency or political subdivision of this state.
423
(2) This section shall be enforced without regard to race, religion, gender, ethnicity, or
424
national origin.
425
(3) Verification of lawful presence under this section is not required for:
426
(a) any purpose for which lawful presence in the United States is not restricted by law,
427
ordinance, or regulation;
428
(b) assistance for health care items and services that are necessary for the treatment of
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429
an emergency medical condition, as defined in 42 U.S.C., Sec. 1396b(v)(3), of the individual
430
involved and are not related to an organ transplant procedure;
431
(c) short-term, noncash, in-kind emergency disaster relief;
432
(d) public health assistance for immunizations with respect to immunizable diseases
433
and for testing and treatment of symptoms of communicable diseases whether or not the
434
symptoms are caused by the communicable disease;
435
(e) programs, services, or assistance such as soup kitchens, crisis counseling and
436
intervention, and short-term shelter, specified by the United States Attorney General, in the
437
sole and unreviewable discretion of the United States Attorney General after consultation with
438
appropriate federal agencies and departments, which:
439
(i) deliver in-kind services at the community level, including through public or private
440
nonprofit agencies;
441
(ii) do not condition the provision of assistance, the amount of assistance provided, or
442
the cost of assistance provided on the income or resources of the individual recipient; and
443
(iii) are necessary for the protection of life or safety;
444
(f) the exemption for paying the nonresident portion of total tuition as set forth in
445
Section
53B-8-106
; and
446
(g) an applicant for a license under Section
61-1-4
, if the applicant is registered with
447
the Financial Industry Regulatory Authority and files an application with the state Division of
448
Securities through the Central Registration Depository.
449
(4) An agency or political subdivision required to verify the lawful presence in the
450
United States of an applicant under this section shall require the applicant to certify under
451
penalty of perjury that:
452
(a) the applicant is a United States citizen; or
453
(b) the applicant is:
454
(i) a qualified alien as defined in 8 U.S.C., Sec. 1641; and
455
(ii) lawfully present in the United States.
456
(5) An agency or political subdivision shall verify a certification required under
457
Subsection (4) through the Systematic Alien Verification for Entitlements Program, hereafter
458
referred to in this section as the "Program", operated by the United States Department of
459
Homeland Security or an equivalent program designated by the Department of Homeland
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460
Security.
461
(6) (a) An individual who knowingly and willfully makes a false, fictitious, or
462
fraudulent statement or representation in a certification under Subsection (4) is subject to the
463
criminal penalties applicable in this state for:
464
(i) making a written false statement under Subsection
76-8-504
(2); and
465
(ii) fraudulently obtaining public assistance program benefits under Sections
76-8-1205
466
and
76-8-1206
or unemployment compensation under Section
76-8-1301
.
467
(b) If the certification constitutes a false claim of U.S. citizenship under 18 U.S.C.,
468
Sec. 911, the agency or political subdivision shall file a complaint with the United States
469
Attorney General for the applicable district based upon the venue in which the application was
470
made.
471
(7) An agency or political subdivision may adopt variations to the requirements of this
472
section which:
473
(a) clearly improve the efficiency of or reduce delay in the verification process; or
474
(b) provide for adjudication of unique individual circumstances where the verification
475
procedures in this section would impose an unusual hardship on a legal resident of Utah.
476
(8) It is unlawful for an agency or a political subdivision of this state to provide a state,
477
local, or federal benefit, as defined in 8 U.S.C., Sec. 1611 and Sec. 1621, in violation of the
478
provisions of this section.
479
(9) Each state agency or department that administers a program of state or local public
480
benefits shall:
481
(a) provide an annual report to the governor, the president of the Senate, and the
482
speaker of the House regarding its compliance with this section; and
483
(b) (i) monitor the Program for application verification errors and significant delays;
484
(ii) provide an annual report on the errors and delays to ensure that the application of
485
the Program is not erroneously denying a state or local benefit to a legal resident of the state;
486
and
487
(iii) report delays and errors in the Program to the United States Department of
488
Homeland Security.
489
Section 8.
Section
67-5-22.5
is enacted to read:
490
67-5-22.5. Fraudulent Documents Identification Unit.
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491
Subject to the availability of funding, the attorney general shall establish a Fraudulent
492
Documents Identification Unit:
493
(1) for the primary purpose of investigating, apprehending, and prosecuting individuals
494
or entities that participate in the sale or distribution of fraudulent documents used for
495
identification purposes; and
496
(2) to specialize in fraudulent identification documents created and prepared for
497
individuals who are unlawfully residing within the state.
498
Section 9.
Section
67-5-26
is enacted to read:
499
67-5-26. Memorandum of Understanding regarding enforcement of federal
500
immigration laws -- Communications regarding immigration status -- Private cause of
501
action.
502
(1) The attorney general shall negotiate the terms of a Memorandum of Understanding
503
between the state and the United States Department of Justice or the United States Department
504
of Homeland Security as provided in 8 U.S.C., Sec. 1357(g) for the enforcement of federal
505
immigration and customs laws within the state by state and local law enforcement personnel, to
506
include investigations, apprehensions, detentions, and removals of persons who are illegally
507
present in the United States.
508
(2) The attorney general, the governor, or an individual otherwise required by the
509
appropriate federal agency referred to in Subsection (1) shall sign the Memorandum of
510
Understanding on behalf of the state.
511
(3) (a) A unit of local government, whether acting through its governing body or by an
512
initiative or referendum, may not enact an ordinance or policy that limits or prohibits a law
513
enforcement officer, local official, or local government employee from communicating or
514
cooperating with federal officials regarding the immigration status of a person within the state.
515
(b) Notwithstanding any other provision of law, a government entity or official within
516
the state may not prohibit or in any way restrict a government entity or official from sending to,
517
or receiving from, the United States Department of Homeland Security information regarding
518
the citizenship or immigration status, lawful or unlawful, of an individual.
519
(c) Notwithstanding any other provision of law, a person or agency may not prohibit or
520
in any way restrict a public employee from doing the following regarding the immigration
521
status, lawful or unlawful, of an individual:
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House Floor Amendments 3-3-2008 je/jlw
522
(i) sending information to or requesting or receiving information from the United
523
States Department of Homeland Security;
524
(ii) maintaining the information referred to in Subsection (3)(c)(i); and
525
(iii) exchanging the information referred to in Subsection (3)(c)(i) with any other
526
federal, state, or local government entity.
527
(d) This Subsection (3) allows for a private right of action by a natural or legal person
528
lawfully domiciled in this state to file for a writ of mandamus to compel a noncompliant local
529
or state governmental agency to comply with the reporting laws of this Subsection (3).
530
Section 10.
Section
76-10-2701
is enacted to read:
531
Part 27. Transporting or Harboring of Illegal Aliens
532
76-10-2701. Transporting or harboring aliens -- Definition -- Penalty.
533
(1) For purposes of this part, "alien" means an individual who is illegally present in the
534
United States.
535
(2) It is unlawful for a person to:
536
(a) transport, move, or attempt to transport H. [
in this state
] into this state or for a
536a
distance of greater than 100 miles within the state .H an alien for commercial
537
advantage or private financial gain, knowing or in reckless disregard of the fact that the alien is
538
in the United States in violation of federal law, in furtherance of the illegal presence of the
539
alien in the United States; or
540
(b) knowingly, with the intent to violate federal immigration law, conceal, harbor, or
541
shelter from detection an alien in a place within this state, including a building or means of
542
transportation for commercial advantage or private financial gain, knowing or in reckless
543
disregard of the fact that the alien is in the United States in violation of federal law.
544
(3) A person who violates Subsection (2)(a) or (b) is guilty of a class A misdemeanor.
545
(4) Nothing in this part prohibits or restricts the provision of:
546
(a) a state or local public benefit described in 8 U.S.C., Section 1621(b); or
547
(b) charitable or humanitarian assistance, including medical care, housing, counseling,
548
food, victim assistance, religious services and sacraments, and transportation to and from a
549
location where the assistance is provided , by a charitable, educational, or religious
550
organization or its employees, agents, or volunteers, using private funds.
551
(5) (a) It is not a violation of this part for a religious denomination or organization or
552
an agent, officer, or member of a religious denomination or organization to encourage, invite,
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553
call, allow, or enable an alien to perform the vocation of a minister or missionary for the
554
denomination or organization in the United States as a volunteer who is not compensated as an
555
employee, notwithstanding the provision of room, board, travel, medical assistance, and other
556
basic living expenses.
557
(b) Subsection (5)(a) applies only to an alien who has been a member of the religious
558
denomination or organization for at least one year.
559
Section 11. S. Effective date.
559a
This bill takes effect on July 1,2009.
559b
Section 12. .S Coordinating S.B. 81 with H.B. 63 -- Technical renumbering.
560
If this S.B. 81 and H.B. 63, Recodification of Title 63 State Affairs in General, both
561
pass, it is the intent of the Legislature that the Office of Legislative Research and General
562
Counsel, in preparing the Utah Code database for publication renumber Title 63, Chapter 99a
563
to Title 63G, Chapter 11 and Sections
63-99a-101
through
63-99a-104
to Sections
63G-11-101
564
through
63G-11-104
.
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