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February 8, 2008
Mr. President:
The Government Operations and Political Subdivisions Committee reports a favorable
recommendation on S.B. 81, ILLEGAL IMMIGRATION, by Senator J. Hickman, with the
following amendments:
institution before
rate as
Respectfully,
Peter C. Knudson
Voting: 4-2-0
1. Page
1, Line 22 through Page 2, Line 32
:
22
.
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
28
include scholarships, financial aid, and resident tuition, with one temporary
exception;
29
. 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
31
the independent contractor's employment authorization pursuant to the prohibition
32
against the use of unauthorized alien labor;
}
2. Page
3, Lines 84 through 89
:
84
53B-8-106, as enacted by Laws of Utah 2002, Chapter 230
}
85
86
17-22-9.5, Utah Code Annotated 1953
87
53B-8-106.5, Utah Code Annotated 1953
88
59-10-409, Utah Code Annotated 1953
}
89
63-99a-101, Utah Code Annotated 1953
3. Page
11, Line 313 through Page 12, Line 362
:
313
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
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.
338
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
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
.
}
362
Section
7
}
4
.
Section
63-99a-101
is enacted to read:
4. Page
12, Line 366
:
366
Section
8
}
5
.
Section
63-99a-102
is enacted to read:
5. Page
14, Line 428
:
428
Section
9
}
6
.
Section
63-99a-103
is enacted to read:
6. Page
16, Line 480
:
480
Section
10
}
7
.
Section
63-99a-104
is enacted to read:
7. Page
17, Lines 510 through 511
:
510
(f) the exemption for paying the nonresident portion of total tuition
for the time
periods
}
as
511
set forth in Section
53B-8-106
.
8. Page
19, Line 555
:
555
Section
11
}
8
.
Section
67-5-22.5
is enacted to read:
9. Page
19, Line 564
:
564
Section
12.
}
9
Section
67-5-26
is enacted to read:
10. Page
20, Line 596
:
596
Section
13
}
10
.
Section
76-10-2701
is enacted to read:
11. Page
20, Line 611
:
611
Section
14
}
11
. Coordinating S.B. 81 with H.B. 63 -- Technical
renumbering.
Committee Chair
3 SB0081.SC1.wpd markandrews/RCN/MDA JLW/ALH 2/8/08 3:58 pm
Bill Number
*SB0081*
SB0081