MINUTES OF THE HOUSE
WORKFORCE SERVICES AND COMMUNITY
AND ECONOMIC DEVELOPMENT STANDING COMMITTEE
Room W025, West Office Building, State Capitol Complex
February 12, 2008
MEMBERS PRESENT: Rep. Steven R. Mascaro, Chair
Rep. Julie Fisher, Vice Chair Rep. Bradley M. Daw
Rep. Jack R. Draxler
Rep. Janice Fisher
Rep. Christopher Herrod MEMBERS ABSENT: Rep. Brad King
Rep. Karen W. Morgan STAFF PRESENT: Arthur L. Hunsaker, Policy Analyst
Linda Error, Committee Secretary
Note: A list of visitors and a copy of handouts are filed with the committee minutes.
Rep. Mascaro called the meeting to order at 9:04 a.m.
MOTION: Rep. Daw moved to approve the minutes of the February 7, 2008 meeting. The
motion passed unanimously.
H.B. 257 Employee Verification (Rep. C. Herrod)
MOTION: Rep. Julie Fisher moved to amend the bill as follows:
1. Page
1, Lines 9 through 11
:
9
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:
27
{
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
{
Section 1.
Section
63-38f-206
is enacted to read:
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
43
(vi) monies or other incentives distributed under Part 21, Economic
Development -
44
Government Procurement Contracts.
45
(b) "Employee" means an individual performing or applying for work or
service of any
46
kind or character for hire.
47
(c) "Employer" means a person employing or seeking to employ an
individual for hire.
48
(d) "Employment" means:
49
(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
52
verify employment eligibility that is:
53
(i) operated by the United States Department of Homeland Security to
verify
54
information of employees pursuant to the Illegal Immigration Reform and
Immigrant
55
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
development
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
67
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
71
value of the economic development incentive as of the day on which the employer
receives or
72
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:
The motion to amend passed, with Rep. Daw voting in opposition.
Rep. Herrod explained the bill to the committee.
Spoke to the bill: Doug Richins, Director, Division of Purchasing
Spoke for the bill: Rundussa Eshete, owner, Design, Build, Operate Services
Nellie Morgan, Utah Minutemen Project
Spoke against the bill: Dave Davis, Utah Food Industry
Robin Riggs, Vice President, Salt Lake Chamber
MOTION: Rep. Daw moved to pass the bill out favorably as amended.
SUBSTITUTE
MOTION: Rep. Janice Fisher moved to send H.B. 257 to Interim Study. The motion failed
with Rep. Janice Fisher voting in favor.
The original motion to pass the bill out favorably passed, with Rep. Janice Fisher voting in
opposition.
MOTION: Rep. Daw moved to adjourn the meeting. The motion passed unanimously.
Rep. Mascaro adjourned the meeting at 9:55 a.m.
______________________________
Rep. Steven Mascaro, Chair