House of Representatives
State of Utah
Mr. Speaker:
The Workforce Services and Community and Economic Development Committee reports a
favorable recommendation on H.B. 257, EMPLOYEE VERIFICATION, by Representative C. Herrod,
with the following amendments:
development
Steven R. Mascaro
Voting: 5-1-2
1. Page
1, Lines 9 through 11
:
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This bill modifies provisions related to state affairs in general by conditioning
certain
10
economic incentives and
}
procurement agreements on employer participation in a
federal
11
employee eligibility verification program.
2. Page
1, Lines 15 through 17
:
15
verification program of a newly hired employee's employment eligibility as a
16
condition for receiving
certain economic incentives and
}
procurement contracts
17
including:
3. Page
1, Lines 26 through 27
:
26
ENACTS:
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63-38f-206, Utah Code Annotated 1953
}
4. Page
2, Line 30 through Page 3, Line 76
:
30
Be it enacted by the Legislature of the state of Utah:
31
32
63-38f-206. Employment eligibility verification as a requirement for
receiving
33
economic development incentives.
34
(1) As used in this section:
35
(a) "Economic development incentive" means one or more of the following:
36
(i) a loan, grant, or other financial assistance described in Part 9, Industrial
Assistance
37
Fund;
38
(ii) a partial tax rebate described in Part 13, Aerospace and Aviation Zone;
39
(iii) a partial tax rebate described in Part 17, Economic Development
Incentives Act;
40
(iv) an incentive described in Part 18, Motion Picture Incentive Fund;
41
(v) monies distributed under Part 19, Economic Development on Military
Installations;
42
or
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(vi) monies or other incentives distributed under Part 21, Economic
Development -
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Government Procurement Contracts.
45
(b) "Employee" means an individual performing or applying for work or
service of any
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kind or character for hire.
47
(c) "Employer" means a person employing or seeking to employ an
individual for hire.
48
(d) "Employment" means:
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(i) the act of employing; or
50
(ii) the state of being employed, engaged, or hired.
51
(e) "Federal employment verification program" means a program to
electronically
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verify employment eligibility that is:
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(i) operated by the United States Department of Homeland Security to
verify
54
information of employees pursuant to the Illegal Immigration Reform and
Immigrant
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Responsibility Act of 1996, P.L. 104-128, 110 Stat. 3009, Title IV, Subtitle A, (as
amended
56
2002, 2003); or
57
(ii) a similar program operated by the United States Department of
Homeland Security.
58
(2) The office shall require as a condition for receipt of an economic
59
incentive that an employer certify that the employer:
60
(a) participates in a federal employment verification program referred to in
Subsection
61
(1)(e); and
62
(b) has not been found to violate the requirements of the federal
employment
63
verification program by:
64
(i) the United States Department of Homeland Security; or
65
(ii) the office.
66
(3) (a) If the office learns that an employer does not participate in the
federal
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employment verification program or is found by the United States Department of
Homeland
68
Security to violate the requirements of the federal employment verification program
within one
69
year after the day on which the employer receives or otherwise claims an economic
70
development incentive, the office may require the employer to repay to the state up
to the full
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value of the economic development incentive as of the day on which the employer
receives or
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otherwise claims the economic development incentive.
73
(b) If an employer described in this Subsection (3) receives or claims an
economic
74
development incentive, the employer shall notify the office of a finding described in
Subsection
75
(3)(a) within five business days of the day on which the finding described in
Subsection (3)(a)
76
is final.
}
5. Page
3, Line 77
:
77
Section
2
}
1
.
Section
63-56-427
is enacted to read:
Respectfully,
Committee Chair
3 HB0257.HC1.wpd 2/12/08 9:55 am ahunsaker/ALH JLW/ALH
Bill Number