First Substitute S.B. 81

Senator John W. Hickman proposes the following substitute bill:

1 ILLEGAL IMMIGRATION
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: John W. Hickman
5 House Sponsor: Michael E. Noel
6
7 LONG TITLE
8 General Description:
9 This bill deals with provisions related to the immigration status of individuals within
10 the state.
11 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
17 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 . provides for the creation and issuance of identification documents and requires that
23 those identification documents issued by public entities go only to United States
24 citizens, nationals, or legal permanent resident aliens with certain exceptions;
25 . provides for exceptions to the issuance of identification documents by public

26 entities based on valid documentation of certain approved or pending immigration status and
27 places time period restrictions on the length of validity of the documents;
28 . requires public employers to register with and use a Status Verification System to
29 verify the federal authorization status of a new employee;
30 . beginning July 1, 2009, provides that a public employer may not enter into a
31 contract for the physical performance of services within the state with a contractor
32 unless the contractor registers and participates in the Status Verification System to
33 verify the work eligibility status of the contractor's new employees;
34 . provides that it is unlawful to discharge a lawful employee while retaining an
35 unauthorized alien in the same job category;
36 . requires an agency or political subdivision of the state to verify the lawful presence
37 in the United States of an individual who has applied for a state or local public
38 benefit, as defined by federal law, or a federal public benefit that is administered by
39 the agency or the political subdivision and provides for exceptions;
40 . requires an applicant for a state or local public benefit to certify the applicant's
41 lawful presence in the United States, and provides penalties for making a false,
42 fictitious, or fraudulent statement or representation in the application;
43 . provides, subject to the availability of funding, for the establishment of a Fraudulent
44 Documents Identification Unit by the attorney general for the primary purpose of
45 investigating, apprehending, and prosecuting individuals who participate in the sale
46 or distribution of fraudulent identification documents created and prepared for
47 individuals who are unlawfully residing within the state;
48 . requires the attorney general to negotiate a Memorandum of Understanding with the
49 United States Department of Justice or the United States Department of Homeland
50 Security for the enforcement of federal immigration and customs laws within the
51 state by state and local law enforcement personnel;
52 . prohibits a unit of local government from enacting an ordinance or policy that limits
53 or prohibits a law enforcement officer or government employee from
54 communicating or cooperating with federal officials regarding the immigration
55 status of a person within the state; and
56 . makes it a class A misdemeanor for a person to:

57 . transport in this state an alien for commercial advantage or private financial
58 gain, knowing that the alien is in the United States in violation of federal law, in
59 furtherance of the illegal presence in the United States; or
60 . conceal, harbor, or shelter from detection an alien, in a place within this state for
61 commercial advantage or private financial gain, knowing or in reckless
62 disregard of the fact that the alien is in the United States in violation of federal
63 law.
64 Monies Appropriated in this Bill:
65 None
66 Other Special Clauses:
67 This bill coordinates with H.B. 63, Recodification of Title 63 State Affairs in General,
68 by providing technical renumbering.
69 Utah Code Sections Affected:
70 AMENDS:
71 32A-4-103, as last amended by Laws of Utah 2003, Chapter 314
72 32A-5-103, as last amended by Laws of Utah 2003, Chapter 314
73 ENACTS:
74 17-22-9.5, Utah Code Annotated 1953
75 63-99a-101, Utah Code Annotated 1953
76 63-99a-102, Utah Code Annotated 1953
77 63-99a-103, Utah Code Annotated 1953
78 63-99a-104, Utah Code Annotated 1953
79 67-5-22.5, Utah Code Annotated 1953
80 67-5-26, Utah Code Annotated 1953
81 76-10-2701, Utah Code Annotated 1953
82
83 Be it enacted by the Legislature of the state of Utah:
84 Section 1. Section 17-22-9.5 is enacted to read:
85 17-22-9.5. Citizenship determination of incarcerated persons.
86 (1) The sheriff shall make a reasonable effort to determine the citizenship status of a
87 person charged with a felony or driving under the influence under Section 41-6a-502 when the

88 person is confined to the county jail for a period of time.
89 (2) If the confined person is a foreign national, the sheriff shall make a reasonable
90 effort to verify that the person:
91 (a) has been lawfully admitted into the United States; and
92 (b) the person's lawful status has not expired.
93 (3) (a) If the sheriff cannot verify the confined person's lawful status from documents
94 in the person's possession, the sheriff shall attempt to verify that status within 48 hours of the
95 person's confinement at the jail through contacting:
96 (i) the Law Enforcement Support Center of the United States Department of Homeland
97 Security; or
98 (ii) an office or agency designated for citizenship status verification by the United
99 States Department of Homeland Security.
100 (b) The sheriff shall notify the United States Department of Homeland Security of a
101 person whose lawful citizenship status cannot be verified under Subsection (2) or (3)(a).
102 (4) It is a rebuttable presumption for the purpose of determining the grant or issuance
103 of a bond that a person who is verified under this section as a foreign national not lawfully
104 admitted into the United States is at risk of flight.
105 Section 2. Section 32A-4-103 is amended to read:
106 32A-4-103. Qualifications.
107 (1) (a) The commission may not grant a restaurant liquor license to any person who has
108 been convicted of:
109 (i) a felony under [any] a federal or state law;
110 (ii) [any] a violation of [any] a federal or state law or local ordinance concerning the
111 sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic
112 beverages;
113 (iii) [any] a crime involving moral turpitude; or
114 (iv) on two or more occasions within the five years before the day on which the license
115 is granted, driving under the influence of alcohol, [any] a drug, or the combined influence of
116 alcohol and [any] a drug.
117 (b) In the case of a partnership, corporation, or limited liability company the
118 proscription under Subsection (1)(a) applies if any of the following has been convicted of [any]

119 an offense described in Subsection (1)(a):
120 (i) a partner;
121 (ii) a managing agent;
122 (iii) a manager;
123 (iv) an officer;
124 (v) a director;
125 (vi) a stockholder who holds at least 20% of the total issued and outstanding stock of
126 the applicant corporation; or
127 (vii) a member who owns at least 20% of the applicant limited liability company.
128 (c) The proscription under Subsection (1)(a) applies if [any] a person employed to act
129 in a supervisory or managerial capacity for a restaurant has been convicted of [any] an offense
130 described in Subsection (1)(a).
131 (2) The commission may immediately suspend or revoke a restaurant liquor license if
132 after the day on which the restaurant liquor license is granted, a person described in Subsection
133 (1)(a), (b), or (c):
134 (a) is found to have been convicted of [any] an offense described in Subsection (1)(a)
135 prior to the license being granted; or
136 (b) on or after the day on which the license is granted:
137 (i) is convicted of an offense described in Subsection (1)(a)(i), (ii), or (iii); or
138 (ii) (A) is convicted of driving under the influence of alcohol, [any] a drug, or the
139 combined influence of alcohol and [any] a drug; and
140 (B) was convicted of driving under the influence of alcohol, [any] a drug, or the
141 combined influence of alcohol and [any] a drug within five years before the day on which the
142 person is convicted of the offense described in Subsection (2)(b)(ii)(A).
143 (3) The director may take emergency action by immediately suspending the operation
144 of a restaurant liquor license according to the procedures and requirements of Title 63, Chapter
145 46b, Administrative Procedures Act, for the period during which the criminal matter is being
146 adjudicated if a person described in Subsection (1)(a), (b), or (c):
147 (a) is arrested on a charge for an offense described in Subsection (1)(a)(i), (ii), or (iii);
148 or
149 (b) (i) is arrested on a charge for the offense of driving under the influence of alcohol,

150 [any] a drug, or the combined influence of alcohol and [any] a drug; and
151 (ii) was convicted of driving under the influence of alcohol, [any] a drug, or the
152 combined influence of alcohol and [any] a drug within five years before the day on which the
153 person is arrested on a charge described in Subsection (3)(b)(i).
154 (4) (a) (i) The commission may not grant a restaurant liquor license to [any] a person
155 who has had any type of license, agency, or permit issued under this title revoked within the
156 last three years.
157 (ii) The commission may not grant a restaurant liquor license to an applicant that is a
158 partnership, corporation, or limited liability company if [any] a partner, managing agent,
159 manager, officer, director, stockholder who holds at least 20% of the total issued and
160 outstanding stock of the applicant corporation, or member who owns at least 20% of the
161 applicant limited liability company is or was:
162 (A) a partner or managing agent of [any] a partnership that had any type of license,
163 agency, or permit issued under this title revoked within the last three years;
164 (B) a managing agent, officer, director, or stockholder who holds or held at least 20%
165 of the total issued and outstanding stock of [any] a corporation that had any type of license,
166 agency, or permit issued under this title revoked within the last three years; or
167 (C) a manager or member who owns or owned at least 20% of [any] a limited liability
168 company that had any type of license, agency, or permit issued under this title revoked within
169 the last three years.
170 (b) An applicant that is a partnership, corporation, or limited liability company may not
171 be granted a restaurant liquor license if any of the following had any type of license, agency, or
172 permit issued under this title revoked while acting in that person's individual capacity within
173 the last three years:
174 (i) a partner or managing agent of the applicant partnership;
175 (ii) [any] a managing agent, officer, director, or stockholder who holds at least 20% of
176 the total issued and outstanding stock of the applicant corporation; or
177 (iii) a manager or member who owns at least 20% of the applicant limited liability
178 company.
179 (c) A person acting in an individual capacity may not be granted a restaurant liquor
180 license if that person was:

181 (i) a partner or managing agent of a partnership that had any type of license, agency, or
182 permit issued under this title revoked within the last three years;
183 (ii) a managing agent, officer, director, or stockholder who held at least 20% of the
184 total issued and outstanding stock of a corporation that had any type of license, agency, or
185 permit issued under this title revoked within the last three years; or
186 (iii) a manager or member of a limited liability company who owned at least 20% of
187 the limited liability company that had any type of license, agency, or permit issued under this
188 title revoked within the last three years.
189 (5) (a) A minor may not be granted a restaurant liquor license.
190 (b) The commission may not grant a restaurant liquor license to an applicant that is a
191 partnership, corporation, or limited liability company if any of the following is a minor:
192 (i) a partner or managing agent of the applicant partnership;
193 (ii) a managing agent, officer, director, or stockholder who holds at least 20% of the
194 total issued and outstanding stock of the applicant corporation; or
195 (iii) a manager or member who owns at least 20% of the applicant limited liability
196 company.
197 (6) If [any] a person to whom a license has been issued under this part no longer
198 possesses the qualifications required by this title for obtaining that license, the commission
199 may suspend or revoke that license.
200 (7) The commission may not grant a restaurant liquor license to an applicant who is not
201 lawfully present in the United States.
202 Section 3. Section 32A-5-103 is amended to read:
203 32A-5-103. Qualifications.
204 (1) (a) The commission may not grant a private club license to [any] a person who has
205 been convicted of:
206 (i) a felony under [any] a federal or state law;
207 (ii) [any] a violation of [any] a federal or state law or local ordinance concerning the
208 sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic
209 beverages;
210 (iii) [any] a crime involving moral turpitude; or
211 (iv) on two or more occasions within the five years before the day on which the license

212 is granted, driving under the influence of alcohol, [any] a drug, or the combined influence of
213 alcohol and [any] a drug.
214 (b) In the case of a partnership, corporation, or limited liability company, the
215 proscription under Subsection (1)(a) applies if any of the following has been convicted of [any]
216 an offense described in Subsection (1)(a):
217 (i) a partner;
218 (ii) a managing agent;
219 (iii) a manager;
220 (iv) an officer;
221 (v) a director;
222 (vi) a stockholder who holds at least 20% of the total issued and outstanding stock of
223 the applicant corporation; or
224 (vii) a member who owns at least 20% of the applicant limited liability company.
225 (c) The proscription under Subsection (1)(a) applies if [any] a person employed to act
226 in a supervisory or managerial capacity for a private club has been convicted of [any] an
227 offense described in Subsection (1)(a).
228 (2) The commission may immediately suspend or revoke a private club license if after
229 the day on which the private club license is granted, a person described in Subsection (1)(a),
230 (b), or (c):
231 (a) is found to have been convicted of [any] an offense described in Subsection (1)(a)
232 prior to the license being granted; or
233 (b) on or after the day on which the license is granted:
234 (i) is convicted of an offense described in Subsection (1)(a)(i), (ii), or (iii); or
235 (ii) (A) is convicted of driving under the influence of alcohol, [any] a drug, or the
236 combined influence of alcohol and [any] a drug; and
237 (B) was convicted of driving under the influence of alcohol, [any] a drug, or the
238 combined influence of alcohol and [any] a drug within five years before the day on which the
239 person is convicted of the offense described in Subsection (2)(b)(ii)(A).
240 (3) The director may take emergency action by immediately suspending the operation
241 of a private club license according to the procedures and requirements of Title 63, Chapter 46b,
242 Administrative Procedures Act, for the period during which the criminal matter is being

243 adjudicated if a person described in Subsection (1)(a), (b), or (c):
244 (a) is arrested on a charge for [any] an offense described in Subsection (1)(a)(i), (ii), or
245 (iii); or
246 (b) (i) is arrested on a charge for the offense of driving under the influence of alcohol,
247 [any] a drug, or the combined influence of alcohol and [any] a drug; and
248 (ii) was convicted of driving under the influence of alcohol, [any] a drug, or the
249 combined influence of alcohol and [any] a drug within five years before the day on which the
250 person is arrested on a charge described in Subsection (3)(b)(i).
251 (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
253 three years.
254 (ii) The commission may not grant a private club license to [any] an applicant that is a
255 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
258 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;
261 (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
265 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;
272 (ii) [any] a managing agent, officer, director, or stockholder who holds at least 20% of
273 the total issued and outstanding stock of the applicant corporation; or

274 (iii) [any] a manager or member who owned at least 20% of the applicant limited
275 liability company.
276 (c) A person acting in an individual capacity may not be granted a private club license
277 if that person was:
278 (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
284 the limited liability company that had any type of license, agency, or permit issued under this
285 title revoked within the last three years.
286 (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

305 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:
309 (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.

336 (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 .
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, 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

367 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) Each public employer shall register with and use a Status Verification System to
384 verify the federal employment authorization status of a new employee.
385 (3) (a) Beginning July 1, 2009: