House of Representatives State of Utah




         W030 STATE CAPITOL COMPLEX . P.O. BOX 145030

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        SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029
NOTICE OF BILL

RETURNED TO RULES COMMITTEE

February 21, 2007

Mr. Speaker:

    The Business and Labor Committee has returned H.B. 127, EMPLOYEE VERIFICATION, PROCUREMENT, AND INCENTIVES, by Representative S. Sandstrom, to the Rules Committee without recommendation with the following amendments:

1.    Page 3, Lines 72 through 75 :    

             72          (b) If an employer described in this Subsection (3) receives or claims an economic
             73      development incentive, the employer shall notify the office of a finding described in Subsection
             74      (3)(a) within

{  five   }       eight       business days of the day on which the finding described in Subsection (3)(a)

             75      is final.

2.    Page 4, Lines 92 through 109
    House Committee Amendments
    2-8-2007 :
    

             92          (2)
  (a)       A state        public       procurement unit shall require as a condition of any agreement to procure

             93      supplies, services, and construction
{   that is the subject of a request for proposals   }        described in Subsection (2)(b)       that an

             94      employer submit with that employer's response to a bid
  related to that agreement       a certification that the employer:

             95          
{   (a)   }        (i)       participates in the federal employment verification program; and

             96          
{   (b)   }        (ii)       has not been found to violate the requirements of the federal employment


             97
     verification program by:
             98          
{   (i)   }        (A)       the United States Department of Homeland Security; or

             99          
{   (ii)   }        (B)       the      {   division   }        Division of Purchasing and General Services       .

    
  (b) This section applies to an agreement to procure supplies, services, or construction that:

    (i) is the subject of a request for proposals; and
    (ii) has a total dollar value equal to or greater than $25,000.
     (c) (i) This section does not apply to a person that does not directly submit a response to a bid described in Subsection (2)(a) for the right to enter into an agreement with the state public procurement unit, including a person who is a subcontractor of the employer that submits a response to the bid.
    (ii) An employer who submits a response to a bid in accordance with Subsection (2)(a) may not be required under this section to certify whether or not any subcontractor of that employer participates in the federal employment verification program.  

             100          (3) (a) If the
{   division   }        Division of Purchasing and General Services       learns that the employer does not participate in the federal

             101      employment verification program or an employer is found by the United States Department of
             102      Homeland Security to violate the requirements of the federal employment verification program
{   ,   }        :

    (i) the employer shall remedy the violation within 60 days of the earlier of:
    (A) the day on which the
{   division   } Division of Purchasing and General Services notifies the employer that the      {   division   } Division of Purchasing and General Services learned that the employer is subject to this Subsection (3); or

    (B) the day on which the employer notifies the
{   division   } Division of Purchasing and General Services of the finding as required by Subsection (3)(b); and

    (ii) if the employer fails to remedy the violation within the 60-day period described in Subsection (3)(a)(i):
    (A) for an agreement entered into on or after April 30, 2007, any agreement with a state public procurement unit that is in effect terminates on the day immediately following the day on which the 60-day period ends;


    (B) the state public procurement unit has any remedy available under an agreement described in Subsection (3)(a)(ii)(A) for breach of that agreement; and  

             103          
  (C)       the employer may not enter into a new agreement or renew an agreement to provide supplies,

             104      services, or construction to a state
  public       procurement unit for one year after the day on which the

             105      finding described in
{   this   } Subsection (3)        (a)(i)       becomes final.

             106          (b) If an employer described in this Subsection (3) has an agreement to provide
             107      supplies, services, or contraction to a state
  public       procurement unit, the employer shall notify the

             108     
{   division   }        Division of Purchasing and General Services       of the finding described in Subsection (3)(a) within      {  five   }       eight       business days of the day on

             109      which the finding described in Subsection (3)(a) is final.

    Respectfully,

    Stephen D. Clark
    Committee Chair

Voting: --
14 HB0127.HC1.wpd 2/20/07 10:23 am anicholson/AMN PO/AMN


Bill Number
Action Class
Action Code

*HB0127*
*H*
*HCRRUL*

HB0127
H
HCRRUL