S.B.
81
ILLEGAL IMMIGRATION
senate floor
Amendments
Amendment 6 February 20, 2008 1:30 pm
Senator John W. Hickman
proposes the following amendments:
1. Page
2, Lines 51 through 54
Senate Committee Amendments
2-12-2008
:
51
. requires an applicant for a state or local public benefit to
{
execute an affidavit
52
attesting to
}
certify
the applicant's lawful presence in the United States, and provides
53
penalties for making a false, fictitious, or fraudulent statement or representation in
54
the
{
affidavit
}
application
;
2. Page
16, Lines 462 through 464
:
462
(b) Subsection (3)(a) does not apply to a contract
:
(i)
entered into by the entities referred to
463
in Subsection (3)(a) prior to July 1, 2009, even though the contract may involve the physical
464
performance of services within the state on or after July 1, 2009
; or
(ii) that involves underwriting, remarketing, broker-dealer activities, securities placement,
investment advisory, financial advisory, or other financial or investment banking services
.
3. Page
17, Lines 510 through 511
Senate Committee Amendments
2-12-2008
:
510
(f) the exemption for paying the nonresident portion of total tuition S. [for the time
510a
periods] as .S
511
set forth in Section
53B-8-106
{
.
}
; and
(g) an applicant for a license under Section 61-1-4, if the applicant is registered with the Financial
Industry Regulatory Authority and files an application with state Division of Securities through the
Central Registration Depository.
4. Page
17, Lines 512 through 521
Senate Committee Amendments
2-12-2008
:
512
(4) (a) An agency or political subdivision required to verify the lawful presence in the
513
United States of an applicant under this section shall require the applicant to
{
execute an
514
affidavit under penalty of perjury stating that:
515
(i) the applicant is a United States citizen; or
516
(ii) the applicant is:
517
(A) a qualified alien as defined in 8 U.S.C., Sec. 1641; and
518
(B) lawfully present in the United States.
519
(b) An agency or political subdivision providing a state or local benefit under this
520
section shall provide notary public services at no cost to an applicant.
}
produce documentation
substantiating the applicant's lawful presence, which may include:
(i) a certified copy of a birth certificate that documents the applicant as a natural born citizen of the
United States;
(ii) a United States military card or a military dependent's identification card;
(iii) a United States Coast Guard Merchant Mariner card;
(iv) a Native American tribal document; or
(v) any other form of documentation that establishes lawful presence of the applicant in the United
States as prescribed by a rule enacted by the agency or the political subdivision, or in the case of a
federal benefit, any other form of documentation prescribed by federal law or regulation.
521
(5)
{
(a)
}
An agency or political subdivision shall verify
{
an affidavit executed
}
the
documentation provided by an applicant
under
5. Page
18, Lines 525 through 536
:
525
Security.
526
{
(b) The affidavit is presumed proof of lawful presence in the United States until
527
eligibility verification is made under Subsection (5)(a).
}
528
(6) (a) An individual who knowingly and willfully makes a false, fictitious, or
529
fraudulent statement or representation in an
{
affidavit executed
}
application for benefits under this
section or in the required documentation
under Subsection (4)(a) is
530
subject to the criminal penalties applicable in this state for:
531
(i) making a written false statement under Subsection
76-8-504
(2); and
532
(ii) fraudulently obtaining public assistance program benefits under Sections
76-8-1205
533
and
76-8-1206
and unemployment compensation under Section 76-8-1301
.
534
(b) If the
{
affidavit
}
application or accompanying documentation
constitutes a false claim
of U.S. citizenship under 18 U.S.C., Sec.
535
911, the agency or political subdivision shall file a complaint with the United States Attorney
536
General for the applicable district based upon the venue in which the
{
affidavit was
executed
}
application was made
.
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