{
53B-8-106, as enacted by Laws of Utah 2002, Chapter 230
}
85
ENACTS:
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
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.
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
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
.
}
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.
The motion passed unanimously.
James Wilson, Associate General Counsel, Office of Legislative Research and General
Counsel, answered questions posed by Committee members.
The following spoke in support of the bill:
Ronald Mortensen, Utah Coalition on Illegal Immigration
Senator Mark B. Madsen
Melinda Turner, Citizen
Senator Michael G. Waddoups
William Christoffersen, National Executive Committeeman, American Legion
Norman Davis, Utah Minuteman Project
The following spoke in opposition to the bill:
Robin Riggs, Vice President and General Counsel, Salt Lake City Chamber of
Commerce
Michael Clara, member of the Utah Republican Hispanic Assembly
Theresa Martinez, Co-chair Utahns for the American Dream
George Hoffmann, United Way of Salt Lake
Jim Olsen, President, Utah Food Industry Association
MOTION: Sen. Buttars moved to pass the bill out favorably.
SUBSTITUTE MOTION: Sen. Romero moved to send the bill to interim study. The
substitute motion failed with Sen. McCoy and Sen. Romero voting in favor.
SUBSTITUTE MOTION: Sen. Jenkins moved to change the effective date of the
bill from July 1, 2009 to July 1, 2010.
Sen. Jenkins withdrew his substitute motion.
SUBSTITUTE MOTION: Sen. Jenkins moved to make July 1, 2009 the effective date
of the legislation.
The motion failed with Sens. McCoy, Romero, and Jenkins voting in favor and Sens.
Buttars, Hickman, and Knudson voting in opposition.
The original motion to pass the bill out favorably passed with Sens. Buttars, Hickman,
Knudson, and Jenkins voting in favor and Sens. McCoy and Romero voting in
opposition.
Sen. Jenkins assumed the Chair.
2. S.B. 193 Election Law Changes (P. Knudson)
Sen. Knudson explained the bill.
Michael Cragun, Deputy Chief of Staff, Lieutenant Governor's Office, spoke to the bill.
MOTION: Sen. McCoy moved to pass the bill out favorably.
The motion passed unanimously with Sens. Buttars and Hickman absent for the vote.
3. S.B. 43 Administrative Rules Reauthorization (H. Stephenson)
Sen. Stephenson explained the bill.
MOTION: Sen. Buttars moved to pass the bill out favorably.
The motion passed unanimously.
4. H.B. 44 Declaration of Candidacy Revisions (G. Donnelson)
Rep. Donnelson explained the bill.
MOTION: Sen. McCoy moved to pass the bill out favorably.
The motion passed unanimously.
MOTION: At the request of the sponsor, Sen. Jenkins moved to place the bill on the
Consent Calendar.
The motion passed unanimously.
5. H.B. 41 Campaign Report Amendments (S. Allen)
Rep. Allen explained the bill.
Michael Cragun, Deputy Chief of Staff, Lieutenant Governor's Office, spoke to the bill.
MOTION: Sen. Hickman moved the following amendment:
1. Page
13, Lines 382 through 389
:
382
Section 3.
Section
20A-11-104
is enacted to read:
383
20A-11-104. Late financial statements -- Fees.
384
(1) The election officer shall assess the following administrative fees against any
385
person who fails to timely file a financial statement required by this chapter:
386
(a) an administrative fee of
{
$1,000
}
$100
for each late financial
statement; and
387
(b) for each late financial statement, an additional, daily administrative fee of
{
$50
}
$20
,
388
which shall be assessed for each calendar day that falls between the date the statement
was due
389
and the date that the late statement is filed.
The motion passed with Sens. McCoy and Romero voting in opposition and Sen. Buttars
absent for the vote.
Rob Latham, Chairman, Libertarian Party of Utah, spoke to the bill.
MOTION: Sen. Jenkins moved to pass the bill out favorably.
The motion passed unanimously with Sen. Buttars absent for the vote.
6. H.B. 49S1 Budget Reserve Account and Disaster Recovery Account Amendments
(W. Harper)
Rep. Harper explained the bill.
MOTION: Sen. Hickman moved to pass the bill out favorably.
The motion passed unanimously with Sen. Buttars and Sen. Jenkins absent for the vote.
7. H.B. 238 Campaign Finance Filing Requirements (G. Hughes)
H.B. 238 was not considered.
MOTION: Sen. Romero moved to adjourn.
The motion passed unanimously.
Committee Chair Knudson adjourned the meeting at 4:32 p.m.
Minutes reported by Nedra Duzett, Secretary