H.B.
70
ILLEGAL IMMIGRATION ENFORCEMENT ACT
House Floor
Amendments
Amendment 4 February 17, 2011 5:17 PM
Representative Stephen E. Sandstrom proposes the following amendments:
1. Page 2, Line 31 :
31 subcontractor
, except as exempted by federal law
;
2. Page 2, Line 34 :
34 . provides that a legal resident may, after establishing standing, bring action
for a writ of
mandamus
against
3. Page 6, Line 177
House Committee Amendments
2-14-2011 :
177
(1)
A state or local governmental agency of this state, or any representative of the agency,
4. Page 6, Line 179
House Committee Amendments
2-14-2011 :
179
{
(1)
}
(a)
limit or by any means restrict by ordinance, regulation, policy, practice, or in any
5. Page 7, Line 183 :
183
{
(2)
}
(b)
limit or by any means restrict by ordinance, regulation, policy, practice, or in any
6. Page 7, Lines 186 through 187 :
186 failure to personally possess an alien registration document as required by 8 U.S.C. 1304(e) or
187 1306(a).
(2) An action under Subsection (1)(a) by a state or local governmental entity or a
representative of the entity shall be demonstrated to have been committed with the intent to
violate this chapter in order for a cause of action to be established.
7. Page 7, Line 209 :
209 shall comply with Section 63G-11-104 and shall also comply with this section
, except when compliance is
exempted by federal law or when compliance could reasonably be expected to be grounds for the federal
government to withhold federal Medicaid funding
.
8. Page 8, Line 234
House Committee Amendments
2-14-2011 :
234 (5)
(a)
A legal resident of Utah who establishes standing may bring a civil action
for a writ of
mandamus
under
9. Page 8, Line 236
House Committee Amendments
2-14-2011 :
236 and local public benefits, in violation of the provisions of this section
(b) If a party prevails in a civil action for a writ of mandamus under Subsection (5)(a), the
agency against whom the writ is issued is liable for attorney fees and court costs for the civil
action
.
10. Page 9, Line 247
House Committee Amendments
2-14-2011 :
247 (2)
(a)
A legal resident of this state who establishes standing may bring an action in
11. Page 9, Line 249
House Committee Amendments
2-14-2011 :
249 Subsection (1).
(b) To establish standing under this section, the complainant shall:
(i) be a legal resident of the state; and
(ii) demonstrate that the complainant is or will be directly and concretely injured by a violation of Subsection (1).
12. Page 9, Lines 260 through 261
House Committee Amendments
2-14-2011 :
260 (b) An officer under Subsection (4)(a)
{
is not
}
shall be
indemnified
{
if the court finds
that the
261 officer acted in bad faith }
pursuant to Title 63G, Chapter 7, Governmental Immunity Act of
Utah
.
(5) This section does not apply to a discretionary decision made by a law enforcement officer regarding the verification of immigration status of a person under Section 76-9-103 if the alleged
offense is a class B or C misdemeanor, unless the person is booked.
(6) Notice and limitation of action on a claim under this section shall be in accordance with Title
63G, Chapter 7, Governmental Immunity Act of Utah.
Page 1 of 3
LRGC sallred sallred B 02/17/11 4:30p