S.B. 251 Enrolled

1

VERIFICATION OF EMPLOYMENT ELIGIBILITY
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: D. Chris Buttars
5 House Sponsor: Christopher N. Herrod
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to employment to address verification of
10 employment eligibility.
11 Highlighted Provisions:
12 This bill:
13 . enacts the Private Employer Verification Act, including:
14 . defining terms;
15 . addressing private employers' obligations related to verification of federal legal
16 working status and liability protections;
17 . providing for voluntary registration with the Department of Commerce by a
18 private employer who participates in employee verification; and
19 . requiring the Department of Commerce to publish a list of registered private
20 employers participating in employee verification.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 13-47-101, Utah Code Annotated 1953
28 13-47-102, Utah Code Annotated 1953
29 13-47-103, Utah Code Annotated 1953

30 13-47-201, Utah Code Annotated 1953
31 13-47-202, Utah Code Annotated 1953
32 13-47-203, Utah Code Annotated 1953
33 13-47-204, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 13-47-101 is enacted to read:
37 CHAPTER 47. PRIVATE EMPLOYER VERIFICATION ACT
38 Part 1. General Provisions
39 13-47-101. Title.
40 This chapter is known as the "Private Employer Verification Act."
41 Section 2. Section 13-47-102 is enacted to read:
42 13-47-102. Definitions.
43 As used in this chapter:
44 (1) "Department" means the Department of Commerce.
45 (2) "Employee" means an individual:
46 (a) who is hired to perform services in Utah; and
47 (b) to whom a private employer provides a federal form required for federal taxation
48 purposes to report income paid to the individual for the services performed.
49 (3) (a) Except as provided in Subsection (3)(b), "private employer" means a person
50 who for federal taxation purposes is required to provide a federal form:
51 (i) to an individual who performs services for the person in Utah; and
52 (ii) to report income paid to the individual who performs the services.
53 (b) "Private employer" does not mean a public employer as defined in Section
54 63G-11-103 .
55 (4) (a) "Status verification system" means an electronic system operated by the federal
56 government, through which an employer may inquire to verify the federal legal working status
57 of an individual who is a newly hired employee.

58 (b) "Status verification system" includes:
59 (i) the electronic verification of the work authorization program of the Illegal
60 Immigration Reform and Immigration Responsibility Act of 1996, 8 U.S.C. Sec. 1324a;
61 (ii) a federal program equivalent to the program described in Subsection (4)(b)(i) that
62 is designated by the United States Department of Homeland Security or other federal agency
63 authorized to verify the employment eligibility status of a newly hired employee pursuant to
64 the Immigration Reform and Control Act of 1986;
65 (iii) the Social Security Number Verification Service or similar online verification
66 process implemented by the United States Social Security Administration; or
67 (iv) an independent third-party system with an equal or higher degree of reliability as
68 the programs, systems, or processes described in Subsection (4)(b)(i), (ii), or (iii).
69 Section 3. Section 13-47-103 is enacted to read:
70 13-47-103. Scope of chapter.
71 A private employer shall comply with this chapter, and this chapter shall be enforced
72 without regard to race, color, national origin, gender, religion, age, disability, familial status,
73 or source of income.
74 Section 4. Section 13-47-201 is enacted to read:
75 Part 2. Verification by Private Employer
76 13-47-201. Verification required for new hires.
77 (1) A private employer who employs 15 or more employees as of July 1, 2010, may
78 not hire a new employee on or after July 1, 2010, unless the private employer:
79 (a) is registered with a status verification system to verify the federal legal working
80 status of any new employee; and
81 (b) uses the status verification system to verify the federal legal working status of the
82 new employee in accordance with the requirements of the status verification system.
83 (2) This section does not apply to a private employer of a foreign national if the
84 foreign national holds a visa issued in response to a petition by the private employer that is
85 classified as H-2A or H-2B.

86 Section 5. Section 13-47-202 is enacted to read:
87 13-47-202. Liability protections.
88 (1) A private employer may not be held civilly liable under state law in a cause of
89 action for the private employer's unlawful hiring of an unauthorized alien, as defined in 8
90 U.S.C. Sec. 1324a, if:
91 (a) the private employer complies with Section 13-47-201 ; and
92 (b) the information obtained in accordance with the status verification system
93 indicated that the employee's federal legal status allowed the private employer to hire the
94 employee.
95 (2) A private employer may not be held civilly liable under state law in a cause of
96 action for the private employer's refusal to hire an individual if:
97 (a) the private employer complies with Section 13-47-201 ; and
98 (b) the information obtained in accordance with the status system verification
99 indicated that the individual's federal legal status was that of an unauthorized alien as defined
100 in 8 U.S.C. Sec. 1324a.
101 Section 6. Section 13-47-203 is enacted to read:
102 13-47-203. Voluntary registration by private employer certifying participation in
103 verification.
104 (1) (a) A private employer may register with the department certifying that the private
105 employer is in compliance with Section 13-47-201 .
106 (b) A private employer may register with the department under this section regardless
107 of whether the private employer is required to comply with Section 13-47-201 .
108 (2) To register or renew a registration with the department under this part, a private
109 employer shall:
110 (a) file a registration statement with the department that certifies compliance with
111 Section 13-47-201 ; and
112 (b) pay a fee established by the department in accordance Section 63J-1-504 that
113 reflects the cost of registering employers under this section and publishing the list described in

114 Section 13-47-204 .
115 (3) A registration under this part expires every two years on the anniversary of the day
116 on which the registration is filed with the department.
117 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
118 the department may make rules to provide for:
119 (a) the form of a registration statement under this section;
120 (b) the process of filing a registration statement under this section; and
121 (c) the process of renewing a registration statement under this section.
122 Section 7. Section 13-47-204 is enacted to read:
123 13-47-204. Department to publish list of registered private employers.
124 On and after July 1, 2010, the department shall publish electronically a list of private
125 employers who register under Section 13-47-203 on a website accessible to the general public
126 without a charge.