First Substitute H.B. 156

Representative Glenn A. Donnelson proposes the following substitute bill:

1 UTAH EMPLOYMENT VERIFICATION ACT
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Glenn A. Donnelson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to labor to require employers to participate in a
10 federal program to verify employment eligibility of employees.
11 Highlighted Provisions:
12 This bill:
13 . enacts the Utah Employment Verification Act including:
14 . defining terms;
15 . addressing interpretation of the act;
16 . providing for severability;
17 . requiring participation in the federal employment verification program; and
18 . requiring recordkeeping; and
19 . requiring a study
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:

26 34-44-101, Utah Code Annotated 1953
27 34-44-102, Utah Code Annotated 1953
28 34-44-103, Utah Code Annotated 1953
29 34-44-104, Utah Code Annotated 1953
30 34-44-201, Utah Code Annotated 1953
31 34-44-202, Utah Code Annotated 1953
32 Uncodified Material Affected:
33 ENACTS UNCODIFIED MATERIAL
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 34-44-101 is enacted to read:
37 CHAPTER 44. UTAH EMPLOYMENT VERIFICATION ACT
38 Part 1. General Provisions
39 34-44-101. Title.
40 This chapter is known as the "Utah Employment Verification Act."
41 Section 2. Section 34-44-102 is enacted to read:
42 34-44-102. Definitions.
43 As used in this chapter:
44 (1) "Employee" means an employee as defined in Section 3401, Internal Revenue
45 Code.
46 (2) "Employer" means an employer as defined in Section 3401, Internal Revenue Code.
47 (3) "Federal employment verification program" means a program to electronically
48 verify employment eligibility that is:
49 (a) operated by the United States Department of Homeland Security to verify
50 information of employees pursuant to the Illegal Immigration Reform and Immigrant
51 Responsibility Act of 1996, P.L. 104-128, 110 Stat. 3009, Title IV, Subtitle A, (as amended
52 2002, 2003); or
53 (b) a similar program operated by the United States Department of Homeland Security.
54 (4) "State" means any of the following of the state:
55 (a) a department;
56 (b) a division;

57 (c) a commission;
58 (d) a council;
59 (e) a board;
60 (f) a bureau;
61 (g) a committee;
62 (h) an institution;
63 (i) a government corporation; or
64 (j) other establishment, official, or employee.
65 Section 3. Section 34-44-103 is enacted to read:
66 34-44-103. Interpretation of chapter.
67 This chapter shall be interpreted so as to be fully consistent with:
68 (1) federal immigration and labor laws;
69 (2) this title; and
70 (3) Title 34A, Utah Labor Code.
71 Section 4. Section 34-44-104 is enacted to read:
72 34-44-104. Severability.
73 If any provision of this chapter or the application of a provision to any person or
74 circumstance is held invalid, the invalidity may not affect other provisions or applications of
75 this chapter. The provisions of this chapter are severable.
76 Section 5. Section 34-44-201 is enacted to read:
77 Part 2. Participation in Federal Employment Verification Program
78 34-44-201. Participation in federal employment verification program required for
79 employer.
80 (1) By the later of July 1, 2008 or the day on which the employer first employs an
81 employee in this state, an employer employing an employee in this state, including the state or
82 a political subdivision of the state, shall participate in the federal employment verification
83 program.
84 (2) An employer described in Subsection (1) shall verify the employment eligibility of
85 each employee that the employer hires on or after the day on which the employer executes the
86 documentation required under the federal employment verification program to participate in
87 that program.

88 Section 6. Section 34-44-202 is enacted to read:
89 34-44-202. Recordkeeping.
90 (1) Beginning on the day specified in Subsection 34-44-201 (1), an employer shall at all
91 times maintain a current copy of the documentation required under the federal employment
92 verification program to participate in that program.
93 (2) An employer shall keep a record of verifying the employment eligibility in
94 accordance with Section 34-44-201 for each employee described in Subsection 34-44-201 (2)
95 for the time period:
96 (a) beginning with the day on which the employee's eligibility is verified under the
97 federal employment verification programs; and
98 (b) ending one year after the day on which the employee is no longer employed by the
99 employer.
100 Section 7. Study of Utah Employment Verification Act.
101 (1) The Labor Commission shall study and recommend a viable enforcement
102 mechanism for enforcing the requirements of Title 34, Chapter 44, Utah Employment
103 Verification Act.
104 (2) (a) In conducting the study required by this section, the commissioner of the Labor
105 Commission shall collaborate with:
106 (i) the executive director of the Department of Commerce; and
107 (ii) the executive director of the Department of Workforce Services.
108 (b) The Department of Commerce and the Department of Workforce Services shall
109 cooperate with the study.
110 (3) The study shall include issues related to:
111 (a) efficiency;
112 (b) coordination with and impacts on other programs administered by the departments
113 participating in the study;
114 (c) federal law requirements;
115 (d) costs and funding mechanisms;
116 (e) implementation needs; and
117 (f) efforts to require employer verification in other states.
118 (4) The Labor Commission shall report to the Business and Labor Interim Committee

119 by no later than October 31, 2007, and include in the report:
120 (a) a specific recommendation, including proposed legislation, as to how to enforce the
121 Utah Employment Verification Act, on all public and private employers in the state;
122 (b) estimates as to the costs of enforcement and a specific recommendation, including
123 proposed legislation, as to how to fund the costs of enforcement; and
124 (c) any other recommendations related to the Utah Employment Verification Act.