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S.B. 81
This document includes Senate Committee Amendments incorporated into the bill on Tue,
Feb 12, 2008 at 9:36 AM by rday. -->
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill
on Thu, Feb 21, 2008 at 4:42 PM by rday. -->
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill
on Mon, Feb 25, 2008 at 4:09 PM by rday. -->
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Senate Committee Amendments 2-12-2008 rd/jlw
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ILLEGAL IMMIGRATION
2
2008 GENERAL SESSION
3
STATE OF UTAH
4
Chief Sponsor: John W. Hickman
5
House Sponsor:
____________
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LONG TITLE
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General Description:
9
This bill deals with provisions related to the immigration status of individuals within
10
the state.
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Highlighted Provisions:
12
This bill:
13
. 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
15
immigration status of a confined foreign national, and makes it a rebuttable
16
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
18
into the United States is at risk of flight;
19
. 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
21
present in the United States;
22
S. [
. restricts the exemption from paying the nonresident portion of total tuition at a state
23
institution of higher education to students without lawful immigration status who
24
meet certain statutory prerequisites and register as an entering student at the
25
institution prior to May 1, 2010;
26
. provides that an individual who is not lawfully present in the United States is not
27
eligible on the basis of residence within the state for a higher education benefit, to .S
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S. include scholarships, financial aid, and resident tuition, with one temporary exception;
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. provides for the withholding of state income tax at the top rate from an independent
30
contractor who fails to provide documentation to the contracting entity that verifies
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the independent contractor's employment authorization pursuant to the prohibition
32
against the use of unauthorized alien labor;
] .S
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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
35
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
38
status and 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
43
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;
45
. S. [
identifies as a discriminatory employment practice the discharging of
] provides that it
45a
is unlawful to discharge .S a lawful
46
employee while retaining an unauthorized alien in the same job category;
47
. 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
49
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 S. [
execute an affidavit
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attesting to
] certify .S the applicant's lawful presence in the United States, and provides
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penalties for making a false, fictitious, or fraudulent statement or representation in
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the S. [
affidavit
] application .S ;
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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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. transport in this state an alien S. for commercial advantage or private financial
69a
gain .S , knowing that the alien is in the United States in
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violation of federal law, in furtherance of the illegal presence in the United
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States; or
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. conceal, harbor, or shelter from detection an alien, in a place within this state,
72a
S. for commercial advantage or private financial gain, .S
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knowing or in reckless disregard of the fact that the alien is in the United States
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in violation of federal law.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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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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S. [
53B-8-106, as enacted by Laws of Utah 2002, Chapter 230
] .S
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ENACTS:
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17-22-9.5, Utah Code Annotated 1953
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S. [
53B-8-106.5, Utah Code Annotated 1953
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59-10-409, Utah Code Annotated 1953
] .S
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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
104
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:
120
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
126
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
192
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:
217
32A-5-103. Qualifications.
218
(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
223
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.
228
(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]
230
an offense described in Subsection (1)(a):
231
(i) a partner;
232
(ii) a managing agent;
233
(iii) a manager;
234
(iv) an officer;
235
(v) a director;
236
(vi) a stockholder who holds at least 20% of the total issued and outstanding stock of
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the applicant corporation; or
238
(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
240
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).
242
(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)
246
prior to the license being granted; or
247
(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
252
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).
254
(3) The director may take emergency action by immediately suspending the operation
255
of a private club license according to the procedures and requirements of Title 63, Chapter 46b,
256
Administrative Procedures Act, for the period during which the criminal matter is being
257
adjudicated if a person described in Subsection (1)(a), (b), or (c):
258
(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
266
has had any type of license, agency, or permit issued under this title revoked within the last
267
three years.
268
(ii) The commission may not grant a private club license to [any] an applicant that is a
269
partnership, corporation, or limited liability company if [any] a partner, managing agent,
270
manager, officer, director, stockholder who holds at least 20% of the total issued and
271
outstanding stock of an applicant corporation, or member who owns at least 20% of an
272
applicant limited liability company is or was:
273
(A) a partner or managing agent of [any] a partnership that had any type of license,
274
agency, or permit issued under this title revoked within the last three years;
275
(B) a managing agent, officer, director, or a 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,
277
agency, or permit issued under this title revoked within the last three years; or
278
(C) a manager or member who owns or owned at least 20% of [any] a limited liability
279
company that had any type of license, agency, or permit issued under this title revoked within
280
the last three years.
281
(b) An applicant that is a partnership, corporation, or limited liability company may not
282
be granted a private club license if any of the following had any type of license, agency, or
283
permit issued under this title revoked while acting in that person's individual capacity within
284
the last three years:
285
(i) [any] a partner or managing agent of the applicant partnership;
286
(ii) [any] a managing agent, officer, director, or stockholder who holds at least 20% of
287
the total issued and outstanding stock of the applicant corporation; or
288
(iii) [any] a manager or member who owned at least 20% of the applicant limited
289
liability company.
290
(c) A person acting in an individual capacity may not be granted a private club license
291
if that person was:
292
(i) a partner or managing agent of a partnership that had any type of license, agency, or
293
permit issued under this title revoked within the last three years;
294
(ii) a managing agent, officer, director, or stockholder who held at least 20% of the
295
total issued and outstanding stock of a corporation that had any type of license, agency, or
296
permit issued under this title revoked within the last three years; or
297
(iii) a manager or member of a limited liability company who owned at least 20% of
298
the limited liability company that had any type of license, agency, or permit issued under this
299
title revoked within the last three years.
300
(5) (a) A minor may not be granted a private club license.
301
(b) The commission may not grant a private club license to an applicant that is a
302
partnership, corporation, or limited liability company if any of the following is a minor:
303
(i) a partner or managing agent of the applicant partnership;
304
(ii) a managing agent, officer, director, or stockholder who holds at least 20% of the
305
total issued and outstanding stock of the applicant corporation; or
306
(iii) a manager or member who owns at least 20% of the applicant limited liability
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company.
308
(6) If [any] a person or entity to whom a license has been issued under this chapter no
309
longer possesses the qualifications required by this title for obtaining that license, the
310
commission may suspend or revoke that license.
311
(7) The commission may not grant a private club license to an applicant who is not
312
lawfully present in the United States.
313
S. [
Section 4.
Section
53B-8-106
is amended to read:
314
53B-8-106. Resident tuition -- Requirements -- Rules.
315
(1) If allowed under federal law, a student, other than a nonimmigrant alien within the
316
meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States
317
Code, shall be exempt from paying the nonresident portion of total tuition if the student:
318
(a) attended high school in this state for three or more years;
319
(b) graduated from a high school in this state or received the equivalent of a high
320
school diploma in this state; and
321
(c) registers as an entering student at an institution of higher education:
322
(i) not earlier than the fall of the 2002-03 academic year[.]; and
323
(ii) before May 1, 2010.
324
(2) In addition to the requirements under Subsection (1), a student without lawful
325
immigration status shall file an affidavit with the institution of higher education stating that the
326
student has filed an application to legalize his immigration status, or will file an application as
327
soon as [he] the student is eligible to do so.
328
(3) An institution of higher education shall continue to provide the exemption from
329
paying the nonresident portion of total tuition for a student who entered the institution before
330
May 1, 2010, through the time that the student remains admitted as a student at that institution
331
in a program of study leading to a degree or a certificate.
332
[(3)] (4) The State Board of Regents shall make rules for the implementation of this
333
section.
334
[(4)] (5) Nothing in this section limits the ability of institutions of higher education to
335
assess nonresident tuition on students who do not meet the requirements under this section.
336
Section 5.
Section
53B-8-106.5
is enacted to read:
337
53B-8-106.5. Limitation on higher education benefits.
] .S
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S. [
Except as otherwise provided in Section
53B-8-106
, an individual who is not lawfully
339
present in the United States is not eligible on the basis of residence within the state for a higher
340
education benefit, to include:
341
(1) scholarships;
342
(2) financial aid; and
343
(3) resident tuition.
344
Section 6.
Section
59-10-409
is enacted to read:
345
59-10-409. Withholding of state income tax when lacking verification of lawful
346
immigration status -- Noncompliance.
347
(1) If an individual independent contractor, contracting for the physical performance of
348
services in this state, fails to provide to the contracting entity documentation to verify the
349
independent contractor's employment authorization pursuant to the prohibition against the use
350
of unauthorized alien labor through contract set forth in 8 U.S.C., Sec. 1324a (a)(4), the
351
contracting entity shall withhold state income tax at the top marginal income tax rate as
352
provided in Title 59, Chapter 10, Part 4, Withholding of Tax, as applied to compensation paid
353
to the individual for the performance of the services within this state which exceeds the
354
minimum amount of compensation the contracting entity is required to report as income to the
355
United States Internal Revenue Service pursuant to federal law.
356
(2) A contracting entity who fails to comply with the withholding requirements of this
357
section is liable for the taxes required to have been withheld unless exempt from federal
358
withholding with respect to the individual pursuant to Section 1441 of the United States
359
Internal Revenue Code.
360
(3) For purposes of this section, "individual" means a resident or nonresident
361
individual as defined in Section
59-10-103
.
] .S
362
Section S. [
7
] 4 .S .
Section
63-99a-101
is enacted to read:
363
CHAPTER 99a. IDENTITY DOCUMENTS AND VERIFICATION
364
63-99a-101. Title.
365
This chapter is known as "Identity Documents and Verification."
366
Section S. [
8
] 5 .S .
Section
63-99a-102
is enacted to read:
367
63-99a-102. Creation of identity documents -- Issuance to citizens, nationals, and
368
legal permanent resident aliens -- Exceptions.
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