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7 LONG TITLE
8 General Description:
9 This bill modifies general government provisions to convert the Utah Immigration
10 Accountability and Enforcement Act to the Utah Illegal Alien Family Transition Pilot
11 Program and to make related changes including addressing enforcement issues.
12 Highlighted Provisions:
13 This bill:
14 . changes the title of the relevant chapter;
15 . modifies definitions;
16 . addresses the Immigration Act Restricted Account;
17 . requires changes to federal law before the program can be implemented;
18 . requires the department, under the direction of the governor, to write a letter to
19 Utah's congressional delegation regarding other changes in federal law;
20 . provides types of permits that can be obtained within a set time frame;
21 . addresses benefits and uses of permits;
22 . provides that permits are not a form of identification;
23 . modifies eligibility criteria to obtain and maintain a permit;
24 . provides when an illegal alien family is disqualified from obtaining a permit;
25 . modifies provisions related to background checks of applicants;
26 . imposes requirements related to sponsorships;
27 . addresses the application and renewal process, including the payment of fines;
28 . addresses conditions during a permit term;
29 . repeals provisions related to verification of a permit for employment purposes;
30 . modifies prohibited conduct and related penalties;
31 . addresses state participation in enforcement of federal immigration law;
32 . imposes requirements related to participation in the federal IMAGE program;
33 . creates a private right of action related to employers who do not participate in the
34 federal IMAGE program;
35 . repeals certain e-verify requirements once the IMAGE program is implemented;
36 . directs the governor to urge the Utah congressional delegation to support the
37 establishment of various federal visas;
38 . modifies provisions related to the Identity Theft Victims Restricted Account;
39 . repeals provisions related to e-verify; and
40 . makes technical and conforming amendments.
41 Money Appropriated in this Bill:
43 Other Special Clauses:
45 Utah Code Sections Affected:
47 32B-1-406, as enacted by Laws of Utah 2010, Chapter 276
48 46-1-2, as last amended by Laws of Utah 2009, Chapter 315
49 58-37c-10, as last amended by Laws of Utah 2008, Chapter 322
50 63G-12-101, as enacted by Laws of Utah 2011, Chapter 18
51 63G-12-102, as enacted by Laws of Utah 2011, Chapter 18
52 63G-12-103, as enacted by Laws of Utah 2011, Chapter 18
53 63G-12-106, as enacted by Laws of Utah 2011, Chapter 18
54 63G-12-201, as enacted by Laws of Utah 2011, Chapter 18
55 63G-12-202, as enacted by Laws of Utah 2011, Chapter 18
56 63G-12-204, as enacted by Laws of Utah 2011, Chapter 18
57 63G-12-205, as enacted by Laws of Utah 2011, Chapter 18
58 63G-12-207, as enacted by Laws of Utah 2011, Chapter 18
59 63G-12-208, as enacted by Laws of Utah 2011, Chapter 18
60 63G-12-210, as enacted by Laws of Utah 2011, Chapter 18
61 63G-12-211, as enacted by Laws of Utah 2011, Chapter 18
62 63G-12-212, as enacted by Laws of Utah 2011, Chapter 18
63 63I-2-213, as enacted by Laws of Utah 2011, Chapter 18
64 67-5-22.7, as last amended by Laws of Utah 2011, Chapter 18
65 76-10-526, as last amended by Laws of Utah 2011, Chapter 160
67 63G-12-205.5, Utah Code Annotated 1953
68 63G-12-213, Utah Code Annotated 1953
69 63G-12-501, Utah Code Annotated 1953
70 63G-12-502, Utah Code Annotated 1953
71 63G-12-503, Utah Code Annotated 1953
72 63G-12-504, Utah Code Annotated 1953
73 63G-12-601, Utah Code Annotated 1953
74 63G-12-602, Utah Code Annotated 1953
75 63G-12-604, Utah Code Annotated 1953
76 RENUMBERS AND AMENDS:
77 63G-12-403, (Renumbered from 63G-12-302, as renumbered and amended by Laws of
78 Utah 2011, Chapter 18)
80 63G-12-203, as enacted by Laws of Utah 2011, Chapter 18
81 63G-12-206, as enacted by Laws of Utah 2011, Chapter 18
82 63G-12-209, as enacted by Laws of Utah 2011, Chapter 18
83 63G-12-301, as enacted by Laws of Utah 2011, Chapter 18
84 63G-12-303, as enacted by Laws of Utah 2011, Chapter 18
85 63G-12-304, as enacted by Laws of Utah 2011, Chapter 18
86 63G-12-305, as enacted by Laws of Utah 2011, Chapter 18
87 63G-12-306, as enacted by Laws of Utah 2011, Chapter 18
89 Be it enacted by the Legislature of the state of Utah:
90 Section 1. Section 32B-1-406 is amended to read:
91 32B-1-406. Acceptance of identification.
92 (1) An authorized person may accept as evidence of the legal age of the individual
93 presenting the following:
94 (a) proof of age; or
95 (b) if a statement of age is required under Section 32B-1-405 :
96 (i) proof of age; and
97 (ii) a statement of age.
98 (2) A statement of age, if properly completed, signed, and filed in accordance with
99 Section 32B-1-405 , may be offered as a defense in a case when there is at issue the legality of:
100 (a) selling, offering for sale, or furnishing an alcoholic product to the individual who
101 signed the statement of age;
102 (b) admitting the individual who signed the statement of age into a restricted area; or
103 (c) allowing the individual who signed the statement of age to be employed in
104 employment that under this title may not be obtained by a minor.
105 (3) An authorized person may not accept [
107 (a) a driving privilege card issued in accordance with Section 53-3-207 ; or
108 (b) a permit under Title 63G, Chapter 12, Utah Illegal Alien Family Transition Pilot
110 Section 2. Section 46-1-2 is amended to read:
111 46-1-2. Definitions.
112 As used in this chapter:
113 (1) "Acknowledgment" means a notarial act in which a notary certifies that a signer,
114 whose identity is personally known to the notary or proven on the basis of satisfactory
115 evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the
116 document's stated purpose.
117 (2) "Commission" means:
118 (a) to empower to perform notarial acts; and
119 (b) the written authority to perform those acts.
120 (3) "Copy certification" means a notarial act in which a notary certifies that a
121 photocopy is an accurate copy of a document that is neither a public record nor publicly
123 (4) "Electronic signature" has the same meaning as provided under Section 46-4-102 .
124 (5) "Jurat" means a notarial act in which a notary certifies that a signer, whose identity
125 is personally known to the notary or proven on the basis of satisfactory evidence, has made, in
126 the notary's presence, a voluntary signature and taken an oath or affirmation vouching for the
127 truthfulness of the signed document.
128 (6) "Notarial act" and "notarization" mean any act that a notary is empowered to
129 perform under this section.
130 (7) "Notarial certificate" means the part of or attachment to a notarized document for
131 completion by the notary and bearing the notary's signature and seal.
132 (8) "Notary" means any person commissioned to perform notarial acts under this
134 (9) "Oath" or "affirmation" means a notarial act in which a notary certifies that a person
135 made a vow or affirmation in the presence of the notary on penalty of perjury.
136 (10) "Official misconduct" means a notary's performance of any act prohibited or
137 failure to perform any act mandated by this chapter or by any other law in connection with a
138 notarial act.
139 (11) "Personal knowledge of identity" means familiarity with an individual resulting
140 from interactions with that individual over a period of time sufficient to eliminate every
141 reasonable doubt that the individual has the identity claimed.
142 (12) (a) "Satisfactory evidence of identity" means identification of an individual based
144 (i) valid personal identification with the individual's photograph, signature, and
145 physical description issued by the United States government, any state within the United States,
146 or a foreign government;
147 (ii) a valid passport issued by any nation; or
148 (iii) the oath or affirmation of a credible person who is personally known to the notary
149 and who personally knows the individual.
150 (b) "Satisfactory evidence of identity" does not include:
151 (i) a driving privilege card under Subsection 53-3-207 (10); [
152 (ii) a permit under Title 63G, Chapter 12, Utah Illegal Alien Family Transition Pilot
153 Program; or
155 Section 3. Section 58-37c-10 is amended to read:
156 58-37c-10. Reporting and recordkeeping.
157 (1) Any person who engages in a regulated transaction, unless excepted under the
158 provisions of Subsections 58-37c-8 (3) and (4), shall submit a report with respect to such
159 transaction and shall maintain records of inventories in accordance with rules adopted by the
161 (2) The division shall provide reporting forms upon which regulated transactions shall
162 be reported.
163 (3) The division shall furnish copies of reports of transactions under this section to
164 appropriate law enforcement agencies.
165 (4) The division shall adopt rules regulating:
166 (a) records which shall be maintained and reports which shall be submitted by
167 regulated distributors and regulated purchasers with respect to listed controlled substance
168 precursors obtained, distributed, and held in inventory;
169 (b) records which shall be maintained and reports which shall be submitted by
170 regulated distributors and regulated purchasers with respect to extraordinary or unusual
171 regulated transactions and a requirement that in such cases the report must be received at least
172 three working days prior to transfer of the listed controlled substance precursor;
173 (c) identification which must be presented by a purchaser of any listed controlled
174 substance precursor before the sale or transfer can be completed and recordkeeping
175 requirements related to such identification presented;
176 (d) filing by each licensee the identification of all locations where any listed controlled
177 substance precursor is held in inventory or stored and amending such filing when any change in
178 location is made;
179 (e) reports and actions which must be taken by a regulated distributor or regulated
180 purchaser in the event of any theft, loss, or shortage of a listed controlled substance precursor;
181 (f) reports and actions which must be taken by a regulated distributor relating to a
182 regulated transaction with an out-of-state purchaser;
183 (g) reports and actions which must be taken by a regulated purchaser relating to a
184 regulated transaction with an out-of-state distributor; and
185 (h) regulated transactions to the extent such regulation is reasonable and necessary to
186 protect the public health, safety, or welfare.
187 (5) A person who engages in a regulated transaction may not accept [
189 required under Subsection (4)(c)[
190 (a) a driving privilege card issued in accordance with Section 53-3-207 ; or
191 (b) a permit under Title 63G, Chapter 12, Utah Illegal Alien Family Transition Pilot
193 Section 4. Section 63G-12-101 is amended to read:
196 63G-12-101. Title.
197 This chapter is known as the "Utah [
198 Illegal Alien Family Transition Pilot Program."
199 Section 5. Section 63G-12-102 is amended to read:
200 63G-12-102. Definitions.
201 As used in this chapter:
202 (1) "Basic health insurance plan" means a health plan that is actuarially equivalent to a
203 federally qualified high deductible health plan.
204 (2) "Department" means the Department of Public Safety created in Section 53-1-103 .
205 (3) "Employee" means an individual employed by an employer under a contract for
207 (4) "Employer" means a person who has one or more employees employed in the same
208 business, or in or about the same establishment, under any contract of hire, express or implied,
209 oral or written.
210 (5) "E-verify program" means the electronic verification of the work authorization
211 program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, 8
212 U.S.C. Sec. 1324a, known as the e-verify program[
223 Entitlements Program operated by the United States Department of Homeland Security or an
224 equivalent program designated by the Department of Homeland Security.
238 (7) "I-9 Form" means a form issued by the United States Department of Homeland
239 Security that has as its purpose employment eligibility verification.
240 (8) "Illegal alien family" means:
241 (a) a legally married couple and the unmarried children of the legally married couple
242 who are 18 years of age or younger when:
243 (i) at least one of the individuals of the legally married couple is illegally in the United
244 States; and
245 (ii) the legally married couple has at least one child who is:
246 (A) a dual national child born in the United States who is older than five years of age;
248 (B) foreign born and brought to the United States before eight years of age; or
249 (b) an unmarried custodial parent and the unmarried children of the unmarried
250 custodial parent who are 18 years of age or younger when the unmarried custodial parent:
251 (i) is illegally in the United States; and
252 (ii) has at least one child who is:
253 (A) a dual national child born in the United States who is older than five years of age;
255 (B) foreign born and brought to the United States before eight years of age.
256 (9) "IMAGE program" means the program related to verification of employment status
257 created by the United States Immigration and Customs Enforcement that is known as the "ICE
258 Mutual Agreement between Government and Employers IMAGE program" and under which an
259 employer enters into a mutual agreement between the government and the employer.
262 illegal alien family that meets the eligibility criteria of Section 63G-12-205 .
266 qualifying member of an illegal alien family to which a permit is issued.
268 or a public employer.
270 implement the program under Subsection 63G-12-202 (3).
272 (a) the state of Utah or any administrative subunit of the state;
273 (b) a state institution of higher education, as defined in Section 53B-3-102 ;
274 (c) a political subdivision of the state including a county, city, town, school district,
275 local district, or special service district; or
276 (d) an administrative subunit of a political subdivision.
278 Transition Pilot Program described in Section 63G-12-201 .
279 (16) "Qualifying member" means a member of an illegal alien family who:
280 (a) is illegally in the United States; and
281 (b) resides in Utah.
282 (17) "Regularization of status" means obtaining a status of lawful presence in the
283 United States.
284 (18) "Relevant contact information" means the following for [
286 (a) the [
287 (b) the [
288 (c) the [
289 (d) the [
295 (e) the qualifying member's current and past employers' names, addresses, and
296 telephone numbers;
298 family members[
299 January 1, 2011; and
303 with Chapter 3, Utah Administrative Rulemaking Act.
304 (19) "Restricted account" means the Immigration Act Restricted Account created in
305 Section 63G-12-103 .
316 federal government, through which an authorized official of a state agency or a political
317 subdivision of the state may inquire by exercise of authority delegated pursuant to 8 U.S.C.
318 Sec. 1373, to verify the citizenship or immigration status of an individual within the
319 jurisdiction of the agency or political subdivision for a purpose authorized under this section.
320 (b) "Status verification system" includes:
321 (i) the e-verify program;
322 (ii) an equivalent federal program designated by the United States Department of
323 Homeland Security or other federal agency authorized to verify the work eligibility status of a
324 newly hired employee pursuant to the Immigration Reform and Control Act of 1986;
325 (iii) the Social Security Number Verification [
326 verification process implemented by the United States Social Security Administration that
327 matches name, date of birth, and Social Security number; or
328 (iv) an independent third-party system with an equal or higher degree of reliability as
329 the programs, systems, or processes described in Subsection [
330 (21) (a) "Transition A permit" means a permit issued to an illegal alien family
331 described in Subsection 63G-12-204 (2).
332 (b) "Transition B permit" means a permit issued to an illegal alien family described in
333 Subsection 63G-12-204 (3).
334 (22) "Unauthorized alien" is as defined in 8 U.S.C. Sec. 1324a(h)(3).
341 Section 6. Section 63G-12-103 is amended to read:
342 63G-12-103. Immigration Act Restricted Account.
343 (1) There is created a restricted account within the General Fund known as the
344 "Immigration Act Restricted Account."
345 (2) (a) The restricted account shall consist of:
346 (i) a fee collected under this chapter;
348 (ii) amounts deposited from the Identity Theft Victims Restricted Account created in
349 Section 67-5-22.7 ;
350 (iii) civil penalties imposed under Section 63G-12-211 [
351 (iv) money appropriated to the restricted account by the Legislature; and
352 (v) interest earned on the restricted account.
353 (b) The restricted account shall earn interest.
354 (3) The Legislature may appropriate money from the restricted account to:
355 (a) the department and the Office of the Governor to pay the costs associated with the
356 implementation of [
357 (b) the department to administer this chapter; and
365 Section 7. Section 63G-12-106 is amended to read:
366 63G-12-106. Severability.
367 (1) If a provision of [
368 a provision to a person or circumstance is held invalid, the remainder of this chapter may not
369 be given effect without the invalid provision or application so that the provisions of this
370 chapter are not severable.
371 (2) The following provisions are severable from this chapter:
372 (a) Title 76, Chapter 9, Part 10, Illegal Immigration Enforcement Act;
373 (b) Section 76-10-2901 ; and
374 (c) Section 77-7-2 .
375 Section 8. Section 63G-12-201 is amended to read:
377 63G-12-201. Department to create program.
378 (1) The department shall administer a program known as the [
380 Under this program, the department shall:
381 (a) seek [
382 immigration and other relevant federal statutes to implement the program as provided in
383 Section 63G-12-202 ;
384 (b) issue a permit as provided in Section 63G-12-207 ;
385 (c) establish fees in accordance with Section 63J-1-504 for a filing or service required
386 by this part;
387 (d) take action under Section 63G-12-211 ; [
388 (e) oversee implementation of the IMAGE Program under Part 5, IMAGE Program;
389 (f) oversee the implementation of Section 63G-12-213 ; and
391 (2) The department may make rules in accordance with Chapter 3, Utah Administrative
392 Rulemaking Act, to the extent expressly provided for in this part.
393 (3) In implementing this part, the department shall cooperate with other state agencies
394 to minimize any duplication in databases or services required under this part.
395 Section 9. Section 63G-12-202 is amended to read:
396 63G-12-202. Amendments to federal law -- Program start date -- Letter regarding
397 other changes to federal law.
398 (1) The department, under the direction of the governor, shall seek [
400 immigration and other relevant federal statutes to obtain authorization for Utah to establish the
401 program for an initial period of three years.
402 (2) The governor shall actively participate in the effort to [
404 relevant federal statutes necessary to implement the program under this section.
405 (3) The department shall implement the program [
406 day on which the governor [
409 and other relevant federal statutes that allow Utah to implement the program. The governor
410 shall provide a copy of the written finding to the department, the speaker of the House of
411 Representatives, the president of the Senate, the director of the Office of Legislative Research
412 and General Counsel, and legislative general counsel no later than five business days of the
413 finding under this Subsection (3).
414 (4) The department, under the direction of the governor, shall send a letter to Utah's
415 congressional delegation regarding the need for federal action in addition to that described in
416 Subsections (1) and (2) including:
417 (a) securing the borders of the United States;
418 (b) enhancing the I-9 form process;
419 (c) creating a new payroll tax formula for authorized aliens working in the United
420 States, such as replacing Social Security contributions and Social Security numbers with a new
421 tax and employee identification number that funds the Department of Homeland Security or
422 catastrophic healthcare insurance for authorized aliens;
423 (d) penalizing employers who hire unauthorized aliens;
424 (e) rewarding citizens who provide information that results in the conviction of an
425 employer that willfully or knowingly hires unauthorized aliens, or who provide information
426 that results in the conviction of a person who forges, solicits, sells, buys, trades, or distributes
427 counterfeit documents for obtaining employment;
428 (f) creating a comprehensive socioeconomic analysis to ensure before a visa is issued
429 that a temporary worker and the temporary worker's family will not be a burden to taxpayers
430 and to provide protections against abuses under a new guest worker program;
431 (g) addressing issues related to a child of an illegal alien, or of a visa holder who is
432 born in the United States being a citizen of the United States and eligible for public benefits;
434 (h) clarifying that an authorized alien working in the United States pursuant to a visa
435 should not:
436 (i) obtain financing for the purchase of real property;
437 (ii) own a business in the United States;
438 (iii) obtain financing, for the purchase of personal property, that cannot be paid 30 days
439 before the expiration date of the visa pursuant to which the authorized alien works;
440 (iv) obtain state subsidized social benefits;
441 (v) obtain state subsidized housing; or
442 (vi) apply for or renew a visa if while holding the visa the authorized alien is convicted
443 of a serious crime.
444 Section 10. Section 63G-12-204 is amended to read:
445 63G-12-204. Obtaining a permit -- Uses of permit.
457 (1) A member of an illegal alien family shall apply for a permit for the illegal alien
458 family by no later than 180 days following the program start date. The department may not
459 accept an application after 180 days following the program start date.
460 (2) If all qualifying members of the illegal alien family to which a permit is issued have
461 committed only a civil violation of federal immigration law by overstaying a United States visa
462 issued by a competent authority, have never worked without legal authorization, have never
463 obtained or used fraudulent documents, and have never committed any other infraction of
464 immigration, labor, civil, or criminal law, the department may issue a transition A permit for
465 the illegal alien family if the requirements of this part are met, and the transition A permit:
466 (a) exempts the qualifying members of the illegal alien family from the three and ten
467 year bars to entry under 8 U.S.C. Sec. 1182(a)(9) that applies to foreign nationals who overstay
468 a visa; and
469 (b) allows a permit holder to adjust the permit holder's status while in the United
470 States, with the applicable visa being processed and issued to the permit holder in person at a
471 designated United States Consulate in a foreign nation.
472 (3) If one or more qualifying members of the illegal alien family to which a permit is
473 issued legally entered the United States, but subsequently overstayed a United States visa
474 issued by a competent authority and worked without legal authorization, obtained or used
475 fraudulent documents, or committed any other infraction of immigration, labor, civil, or
476 criminal law, the department may issue a transition B permit to the illegal alien family if the
477 requirements of this part are met, and the transition B permit:
478 (a) provides the illegal alien family one year from the date the transition B permit is
479 issued to return to the country of origin;
480 (b) is considered as a positive factor in support of a request for the waiver of the three
481 and ten year bars to entry under 8 U.S.C. Sec. 1182(a)(9) that applies to foreign nationals who
482 overstay a visa; and
483 (c) does not allow a permit holder to adjust the permit holder's status in the United
485 (4) The applicant for a permit has the burden of proof as to whether:
486 (a) a qualifying member has not committed any infraction of immigration, labor, civil,
487 or criminal law other than overstaying a properly issued United States visa; and
488 (b) the illegal alien family meets the requirements of this part.
490 document for purposes of Section 63G-12-401 , and may not be used as identification or proof
491 of the permit holder's age for any state or local government required purpose.
493 (6) An illegal alien may not use a permit:
494 (a) to establish entitlement to a federal, state, or local benefit as described in Section
495 63G-12-402 ; or
496 (b) to obtain work or provide services [
497 (7) (a) A permit holder of a transition A permit shall apply for regularization of status
498 within one year of the day on which the permit is issued and actively seek regularization of
499 status, or the permit holder is required to leave the United States.
500 (b) A permit holder of a transition B permit shall leave the United States within one
501 year of the day on which the transition B permit is issued.
502 (8) If a permit holder obtains a visa pursuant to federal law, the recipient of the visa is
503 not eligible for an affirmative action program or other program that provides benefits on the
504 basis of race or ethnicity.
505 (9) If a permit holder obtains a visa pursuant to federal law under which the permit
506 holder may be employed, an employer employing the permit holder shall:
507 (a) pay the permit holder a wage that exceeds 133% of the federal poverty level based
508 on family size; and
509 (b) provide the permit holder at a minimum a basic health insurance plan.
510 Section 11. Section 63G-12-205 is amended to read:
511 63G-12-205. Eligibility criteria to obtain and maintain a permit.
512 (1) [
514 family shall:
519 (a) have lived in the United States for at least five years;
520 (b) have been domiciled in Utah on January 1, 2011, as proven by documents provided
521 to the department directly by employers, utility companies, or other primary sources under
522 penalty of perjury;
523 (c) have been and continue to be self-sufficient;
524 (d) be sponsored by a sponsor that meets the requirements of Section 63G-12-205.5 ;
525 (e) cease illegal activities, including unlawful employment and employment related
527 (f) pay any fine required under Section 63G-12-207 and, when applicable, verify that
528 the qualifying member's employer's business license is revoked or is in the process of being
531 information in a manner required by rule made in accordance with Chapter 3, Utah
532 Administrative Rulemaking Act;
537 (4) if the qualifying member is 16 years of age or older;
538 (ii) provide proof of a residence in Utah;
539 (iii) provide the information as required under Subsection (4); and
541 similar manner to, or resolved by diversion or its equivalent to a [
542 would make the qualifying member inadmissible under 8 U.S.C. Sec. 1182;
544 member would not be inadmissible for public health grounds under 8 U.S.C. Sec. 1182;
546 (ii) provide evidence satisfactory to the department that the [
547 qualifying member has no medical debt that is past due and agrees to have no medical debt that
548 is past due during the term of the permit; and
552 (2) The department may not issue a permit to an illegal alien family and an illegal alien
553 family may not hold a permit if a qualifying member of the illegal alien family:
554 (a) has used or is using a fraudulent document to obtain employment or other benefit
555 that the qualifying member is not entitled to receive as an illegal alien unless the qualifying
557 (i) ends the illegal activity;
558 (ii) pays the fine under Subsection 63G-12-207 (3)(a)(i); and
559 (iii) verifies that any private employer who employed the qualifying member has its
560 business license either revoked or is in the process of being revoked as provided in Subsection
561 63G-12-207 (3)(c);
562 (b) has falsified an I-9 form unless the qualifying member pays the fine under
563 Subsection 63G-12-207 (3)(a)(i) and any private employer who employed the qualifying
564 member has its business license either revoked or is in the process of being revoked as
565 provided in Subsection 63G-12-207 (3)(c);
566 (c) collects or has collected a federal, state, or local benefit described in Section
567 63G-12-402 unless the fine is paid under Subsection 63G-12-207 (3)(a)(ii);
568 (d) is convicted of, pled guilty to, pled no contest to, pled guilty in a similar manner to,
569 or resolved by diversion or its equivalent to a felony in this state or any other state;
570 (e) is convicted of, pled guilty to, pled no contest to, pled guilty in a similar manner to,
571 or resolved by diversion or its equivalent to driving under the influence of alcohol or drugs in
572 this state or any other state;
573 (f) is or has been involved in a criminal street gang as defined in Section 76-9-802 ;
574 (g) fails to file a federal or state income tax return that the qualifying member was
575 required to file during the five years immediately preceding the day on which the application
576 for a permit is filed, unless taxes are paid or a fine is paid in accordance with Subsections
577 63G-12-207 (3)(a)(iii)(A) and (B);
578 (h) has illegally entered the United States; or
579 (i) participates in organized criminal conduct, including organized crime that has as a
580 purpose the creation, distribution, and sale of fraudulent documents.
582 Administrative Rulemaking Act, provide for the documentation required to establish eligibility
583 under Subsection (1) and that an illegal alien family is not disqualified under Subsection (2).
584 When making a rule under this section, the department shall use federal standards as a
585 guideline to avoid unnecessary duplication and additional costs.
588 age or older of an illegal alien family applying for a permit, to submit to a [
589 background check as a condition of receiving a permit or renewing [
590 transition permit.
591 (b) [
593 (i) submit a fingerprint card in a form acceptable to the department; [
594 (ii) provide a list of all residences in Utah;
595 (iii) provide a list of current and past employers in Utah;
596 (iv) provide all names and aliases used by the qualifying member while in the United
598 (v) provide the documents used to gain employment and pay taxes for the qualifying
599 member, including Social Security cards, W-2 forms, income tax returns, and documents used
600 to prove legal status when completing an I-9 form;
601 (vi) authorize current and former employers to provide copies of all documents
602 associated with employment, including:
603 (A) W-2 forms or other certified payroll forms that include the one or more Social
604 Security numbers used to obtain employment; and
605 (B) copies of I-9 forms completed by the qualifying member;
606 (vii) complete a request for a transcript for a tax return from the Internal Revenue
607 Service and designate the department as the recipient of the information for each year the
608 qualifying member has resided in the United States;
609 (viii) provide a police record from the country of origin if the qualifying member was
610 18 years of age or older before entering the United States;
611 (ix) provide a certified birth certificate from the country of origin that is sent directly
612 from the issuing office in the country of origin to the department; and
614 (A) the Utah Bureau of Criminal Identification; and
615 (B) the Federal Bureau of Investigation, including the secure communities program
616 when possible.
617 (c) For [
618 card and consents to a fingerprint background check under Subsection [
619 department may request:
620 (i) criminal background information maintained pursuant to Title 53, Chapter 10, Part
621 2, Bureau of Criminal Identification, from the Bureau of Criminal Identification; and
622 (ii) complete Federal Bureau of Investigation criminal background checks through the
623 national criminal history system and secure communities program.
624 (d) Information obtained by the department from the review of criminal history records
625 received under this Subsection [
626 to obtain a permit.
627 (e) The department shall:
628 (i) pay to the Federal Bureau of Investigation the costs incurred by the Federal Bureau
629 of Investigation in providing the department criminal background information under this
630 Subsection [
631 (ii) in accordance with Section 63J-1-504 , charge the [
632 qualifying member applying for the permit a fee equal to the aggregate of the costs incurred by
633 the department under this Subsection [
635 Section 12. Section 63G-12-205.5 is enacted to read:
636 63G-12-205.5. Sponsorships.
637 (1) (a) An individual who is a United States citizen, a business, or an organization may
638 sponsor an illegal alien family to which a permit is issued under this part by agreeing to assume
639 100% of the financial responsibility for the illegal alien family that is not covered by the illegal
640 alien family.
641 (b) To sponsor an illegal alien family to which is issued a transition A permit, the
642 sponsor shall agree to sponsor the illegal alien family for five years.
643 (c) To sponsor an illegal alien family to which is issued a transition B permit, the
644 sponsor shall agree to sponsor the illegal alien family for the shorter of:
645 (i) the term of the permit; or
646 (ii) until the family departs the United States.
647 (2) The department by rule made in accordance with Chapter 3, Utah Administrative
648 Rulemaking Act, shall establish eligibility requirements to be a sponsor, except that at a
649 minimum the eligibility requirements shall require that a sponsor:
650 (a) who is an individual:
651 (i) prove an income level at or above 133% of the federal poverty level for household
652 size; or
653 (ii) meet an alternative test created by the department that considers assets as well as
654 income; and
655 (b) that is a business or organization:
656 (i) prove it has income and assets adequate to accept the financial obligation described
657 in Subsection (1); and
658 (ii) have a director, officer, or person in a similar position, personally guaranty that if
659 the business or organization fails to meet an obligation under this section, the individual will be
660 personally liable for the obligation under this section.
661 (3) (a) The department by rule made in accordance with Chapter 3, Utah
662 Administrative Rulemaking Act, shall define what constitutes an assumption of financial
663 responsibility for an illegal alien family, except that at a minimum the rules shall require that
664 the sponsor agrees:
665 (i) to accept responsibility for any financial liability the illegal alien family incurs while
666 participating in the program; and
667 (ii) that the state may consider the sponsor's income and assets to be available for the
668 support of the illegal alien family sponsored by the sponsor.
669 (b) A sponsor violates this chapter if the sponsor fails to pay a financial liability of an
670 illegal alien family that is not paid by the illegal alien family and that is subject to the sponsor's
671 assumption of financial responsibility for the illegal alien family.
672 (4) (a) To terminate the sponsorship of an illegal alien family, an individual, business,
673 or organization shall:
674 (i) notify the department; and
675 (ii) provide evidence satisfactory to the department that the illegal alien family no
676 longer resides in the United States.
677 (b) A sponsorship is terminated the day on which the department certifies that the
678 sponsor has complied with Subsection (4)(a).
679 (5) A sponsor shall prove to the satisfaction of the department that an illegal alien
680 family leaves the United States if:
681 (a) the illegal alien family is disqualified from the program; or
682 (b) the sponsor terminates sponsorship.
683 Section 13. Section 63G-12-207 is amended to read:
684 63G-12-207. Application and renewal process.
685 (1) (a) The department may not issue a permit under this part until the program is
686 implemented under Section 63G-12-202 . The department may not issue a permit to an illegal
687 alien family until all members of the illegal alien family meet the requirements for the permit.
688 (b) The department shall reject a permit received after the 180-day deadline described
689 in Section 63G-12-204 or that is not complete when the 180-day deadline expires.
690 (c) The department shall issue a permit within 90 days of receipt of a complete permit
692 (d) A permit is valid for one year from the date of issuance. A transition A permit may
693 be renewed annually in accordance with this section.
694 (2) The department shall:
695 (a) create a permit that:
696 (i) is of impervious material that is resistant to wear or damage; and
697 (ii) minimizes the risk that the permit may be forged, falsified, or counterfeited; and
698 (b) ensure that a permit:
699 (i) includes a photograph of the [
700 member of the illegal alien family to which the permit is issued;
701 (ii) prominently states the day on which the permit expires; and
702 (iii) prominently states the type of permit.
721 (3) (a) The department by rule made in accordance with Chapter 3, Utah
722 Administrative Rulemaking Act, shall make rules that provide for the payment of the following
723 as a condition for applying for a permit:
724 (i) the payment of a fine of $5,000 for an illegal alien family when one qualifying
725 member of the illegal alien family, or $10,000 for an illegal alien family when more than one
726 qualifying member of the illegal alien family has used one or more of the following:
727 (A) a fraudulent document;
728 (B) an unlawfully obtained Social Security number;
729 (C) a Social Security number that is no longer valid for employment purposes;
730 (D) a tax identification number for employment; or
731 (E) false information on an I-9 form;
732 (ii) the payment by the illegal alien family of a fine equal to 100% of the value of the
733 federal, state, or local benefits described in Section 63G-12-402 received by any qualifying
734 member up to $10,000 and 25% of the value of benefits received in excess of $10,000; and
735 (iii) the payment by the illegal alien family of:
736 (A) all unpaid state and federal income taxes and payroll taxes required to be paid by a
737 qualifying member when income tax returns have not been filed or when payroll taxes owed by
738 the qualifying member have not been paid; or
739 (B) if income was not documented by the issuance of an Internal Revenue Service
740 form, for each qualifying member who has earned income during any of the past five years, a
741 penalty of $3,000 per year of unpaid taxes.
742 (b) A fine paid under this Subsection (3) shall be deposited into the Identity Theft
743 Victims Restricted Account created in Section 67-5-22.7 .
744 (c) If a government entity that issues a private employer a business license is notified
745 that the private employer has done one of the following, the government entity shall revoke the
746 business license if the government entity finds that the private employer has done one of the
748 (i) paid cash to a qualifying member for services rendered;
749 (ii) used the services of the qualifying member as an independent contractor who was
750 hired for more than five days in a calendar year; or
751 (iii) unless the private employer can prove that the private employer used a status
752 verification system and the status verification system indicated that the qualifying member
753 could be employed, employed a qualifying member who has done the following:
754 (A) used a fraudulent document;
755 (B) used an unlawfully obtained Social Security number or the identifying information
756 of a citizen of the United States; or
757 (C) falsified an I-9 form.
758 (4) An applicant shall submit to the department, in a form acceptable under this part:
759 (a) an application;
760 (b) documentation of meeting the criteria in Section 63G-12-205 [
761 (c) for a renewal of a transition A permit, documentation of efforts to [
763 Section 63G-12-204 ;
764 (d) a signed statement verifying the information in the application and documentation;
766 (e) a fee established by the department in accordance with Section 63J-1-504 that
767 covers the costs associated with the processing, issuance, and administration of the program.
769 (5) If a member of an illegal alien family submits a complete application under
770 Subsection [
771 alien family meets the criteria of Section 63G-12-205 [
772 issue [
779 (6) A member of an illegal alien family may appeal a denial of a permit under this
780 section in accordance with Chapter 4, Administrative Procedures Act.
782 (7) If the changes to federal law described in Section 63G-12-202 provide for the
783 following, in addition to the requirements of Subsection [
784 considered complete for purposes of Subsection [
785 alien family applying for a [
787 department may bring an action for a violation of this part; or
789 family's country of origin [
790 with this part.
798 Section 14. Section 63G-12-208 is amended to read:
799 63G-12-208. Conditions during permit term.
800 (1) [
801 continue to meet the eligibility criteria under [
802 and 63G-12-205.5 for the [
803 illegal alien family shall leave the United States no later than 90 days after the date that the
804 permit is revoked if:
805 (a) a permit holder or a sponsor fails to meet the eligibility criteria of the permit; or
806 (b) a permit is revoked under Subsection (2).
807 (2) A permit is automatically revoked if after issuance of the permit:
808 (a) [
809 which the permit is issued is convicted of, pleads guilty to, pleads no contest to, pleads guilty
810 in a similar manner to, or has resolved by diversion or its equivalent a [
811 of a felony or class A, B, or C misdemeanor;
816 (b) a qualifying member of the illegal alien family to which the permit is issued applies
817 for or elects to receive public benefits either for the qualifying member or for another
818 qualifying family member of the illegal alien family;
819 (c) a qualifying member obtains or uses a fraudulently obtained document or Social
820 Security number;
821 (d) a sponsor fails to meet its obligations; or
822 (e) any member of the illegal alien family works in violation of Subsection
823 63G-12-211 (2).
824 (3) (a) A permit holder of a transition A permit is required to provide, during the first
825 term of the transition A permit, 160 hours of community service with refugees in the
826 community in which the permit holder resides, or if refugees are not present, with other legal
827 immigrants in the community if the permit holder is 18 years of age or older and is eligible to
828 regularize status in the United States.
829 (b) The department shall by rule, made in accordance with Title 63G, Chapter 3, Utah
830 Administrative Rulemaking Act, provide:
831 (i) criteria for what constitutes community service; and
832 (ii) for monitoring compliance with this Subsection (3) by a permit holder.
833 Section 15. Section 63G-12-210 is amended to read:
834 63G-12-210. Protected status of information -- Database.
845 a protected record under Chapter 2, Government Records Access and Management Act, except
846 that a record may not be shared under Section 63G-2-206 , unless:
847 (a) requested by the Office of Legislative Auditor General in accordance with Section
848 36-12-15 ; or
853 described in Section 63G-12-202 .
860 (2) The department shall create a secure database that can be accessed by Social
861 Security number holders and the legal guardians of Social Security number holders to
862 determine if the individual's Social Security number has been used by a permit holder for
863 employment purposes. A victim of employment related identity theft may use the report from
864 the database to provide that the individual is a victim of employment related identity theft and
865 to claim reimbursement from the Identity Theft Victims Restricted Account under Section
866 67-5-22.7 .
867 Section 16. Section 63G-12-211 is amended to read:
868 63G-12-211. Prohibited conduct -- Administrative penalties -- Criminal penalties.
869 (1) (a) A permit holder may not file for or receive unemployment benefits.
870 (b) A permit holder may not claim an earned income tax credit or child tax credit when
871 back taxes are filed in order to qualify for a transition A permit.
872 (2) A person may not:
873 (a) furnish false or forged information or documentation in support of an application;
874 (b) alter the information on a permit;
880 issued to the individual;
883 that purports to be a valid permit, but that is not a valid permit; [
884 (g) provide services for compensation as an employee, independent contractor, or
885 owner of a business; or
886 (h) otherwise violate this part.
887 (3) For a violation described in Subsections (1) and (2), the department may:
888 (a) [
889 to which the permit is issued to the United States Immigration and Custom Enforcement;
890 (b) impose a civil penalty not to exceed [
891 (c) take a combination of actions under this section.
892 (4) A person is guilty of a class B misdemeanor if the person:
893 (a) furnishes false or forged information or documentation in support of an application;
895 (b) alters the information on a permit.
896 Section 17. Section 63G-12-212 is amended to read:
897 63G-12-212. Sharing of information related to enforcement.
898 (1) The department shall provide the notice described in Subsection (2), if the
899 department determines that an [
900 (a) has the [
901 (b) permits the [
902 department has reason to believe that the [
903 reside in the state.
904 (2) (a) The department shall provide the notice required by Subsection (1) to:
905 (i) Utah's attorney general; and
906 (ii) United States Immigration and Customs Enforcement.
907 (b) The notice described in Subsection (2)(a) shall:
908 (i) include:
909 (A) the last known address of the [
910 (B) the basis of the notice described in Subsection (1); and
911 (ii) be sent promptly after the day on which the time to appeal, if any, the action that is
912 the basis for the notification under Subsection (1) ends.
913 Section 18. Section 63G-12-213 is enacted to read:
914 63G-12-213. State participation in law enforcement.
915 (1) As used in this section:
916 (a) "Enforcement program start date" means the day on which the governor makes a
917 written finding that the president of the United States has signed into law the amendments to
918 federal immigration law described in Subsection (3).
919 (b) "Law enforcement agency" means a public agency having general police power and
920 charged with making arrests in connection with enforcement of the criminal statutes and
921 ordinances of this state or a political subdivision.
922 (2) The governor shall provide the speaker of the House of Representatives, the
923 president of the Senate, the director of the Office of Legislative Research and General Counsel,
924 and legislative general counsel a copy of the written finding no later than five business days of
925 the finding under Subsection (1)(a).
926 (3) In accordance with Section 63G-12-202 , the department, under the direction of the
927 governor, shall seek amendments to federal immigration law that authorizes the law
928 enforcement agencies in the state to:
929 (a) enroll in the federal government's program established pursuant to 8 U.S.C. Sec.
930 1357(g) on an expedited basis to allow Utah law enforcement officers to enforce federal laws,
931 including investigations, apprehensions, detentions, and removals of persons who are illegally
932 present in the United States;
933 (b) receive training provided without cost by the Department of Homeland Security in
934 Utah; and
935 (c) allow the state to impose sanctions on a law enforcement agency that does not
936 comply with the program described in Subsection (3)(a).
937 (4) After the enforcement program start date, a law enforcement agency shall identify
938 and enroll officers in training courses. An officer, upon completion of training, shall enforce
939 federal laws in accordance with 8 U.S.C. Sec. 1357(g).
940 (5) (a) After the enforcement program start date, a law enforcement agent shall report
941 by December 31 of each year to the department whether the law enforcement agency is in
942 compliance with the program described under Subsection (3).
943 (b) If a law enforcement agency fails to report, or on the basis of the report the
944 department determines that the law enforcement agency is not in compliance with the program:
945 (i) for a first finding of noncompliance, the department shall issue a warning to the law
946 enforcement agency of noncompliance with this section; and
947 (ii) for a second or subsequent finding of noncompliance:
948 (A) the department shall notify the Division of Finance to suspend the payment of state
949 money related to law enforcement owed to the state law enforcement agency, or to a county,
950 city, or town with which the law enforcement agency is affiliated, up to 10% of the state money
951 owed for the fiscal year in which the suspension of payment occurs until the law enforcement
952 agency shows compliance; and
953 (B) the chief administrative officer of the law enforcement agency is subject to loss of
954 certification by the Peace Officer Standards and Training Division as provided in Title 53,
955 Chapter 6, Peace Officer Standards and Training Act.
956 Section 19. Section 63G-12-403 , which is renumbered from Section 63G-12-302 is
957 renumbered and amended to read:
959 use -- Performance of services -- Unlawful practice.
960 (1) As used in this section:
961 (a) "Contract" means an agreement for the procurement of goods or services that is
962 awarded through a request for proposals process with a public employer and includes a sole
963 source contract.
964 (b) "Contractor" means a subcontractor, contract employee, staffing agency, or any
965 contractor regardless of its tier.
966 (2) (a) [
967 Status Verification System to verify the federal employment authorization status of a new
969 (b) This section shall be enforced without regard to race, religion, gender, ethnicity, or
970 national origin.
971 (3) (a) [
972 (i) a public employer may not enter into a contract for the physical performance of
973 services within the state with a contractor unless the contractor registers and participates in the
974 Status Verification System to verify the work eligibility status of the contractor's new
975 employees that are employed in the state; and
976 (ii) a contractor shall register and participate in the Status Verification System in order
977 to enter into a contract with a public employer.
978 (b) (i) For purposes of compliance with Subsection (3)(a), a contractor is individually
979 responsible for verifying the employment status of only new employees who work under the
980 contractor's supervision or direction and not those who work for another contractor or
981 subcontractor, except as otherwise provided in Subsection (3)(b)(ii).
982 (ii) Each contractor or subcontractor who works under or for another contractor shall
983 certify to the main contractor by affidavit that the contractor or subcontractor has verified
984 through the Status Verification System the employment status of each new employee of the
985 respective contractor or subcontractor.
986 (c) Subsection (3)(a) does not apply to a contract:
987 (i) entered into by the entities referred to in Subsection (3)(a) prior to July 1, 2009,
988 even though the contract may involve the physical performance of services within the state on
989 or after July 1, 2009; or
990 (ii) that involves underwriting, remarketing, broker-dealer activities, securities
991 placement, investment advisory, financial advisory, or other financial or investment banking
993 (4) (a) It is unlawful for an employing entity in the state to discharge an employee
994 working in Utah who is a United States citizen or permanent resident alien and replace the
995 employee with, or have the employee's duties assumed by, an employee who:
996 (i) the employing entity knows, or reasonably should have known, is an unauthorized
997 alien hired on or after July 1, 2009; and
998 (ii) is working in the state in a job category:
999 (A) that requires equal skill, effort, and responsibility; and
1000 (B) which is performed under similar working conditions, as defined in 29 U.S.C.[
1001 Sec. 206 (d)(1), as the job category held by the discharged employee.
1002 (b) An employing entity, which on the date of a discharge in question referred to in
1003 Subsection (4)(a) is enrolled in and using the Status Verification System to verify the
1004 employment eligibility of its employees in Utah who are hired on or after July 1, 2009, is
1005 exempt from liability, investigation, or lawsuit arising from an action under this section.
1006 (c) A cause of action for a violation of this Subsection (4) arises exclusively from the
1007 provisions of this Subsection (4).
1017 Section 20. Section 63G-12-501 is enacted to read:
1019 63G-12-501. Definition.
1020 (1) As used in this part, "IMAGE program start date" means the day that is 90 days
1021 after the day on which the governor makes a written finding that the state has received the
1022 amendments to federal law under Section 63G-12-502 .
1023 (2) The governor shall provide the speaker of the House of Representatives, the
1024 president of the Senate, the director of the Office of Legislative Research and General Counsel,
1025 and legislative general counsel a copy of the written finding no later than five business days of
1026 the finding under Subsection (1).
1027 Section 21. Section 63G-12-502 is enacted to read:
1028 63G-12-502. Amendments to federal immigration law.
1029 In accordance with Section 63-12-202 , the department, under the direction of the
1030 governor, shall seek amendments to federal immigration law that:
1031 (1) authorizes Utah to require private employers to enroll in the IMAGE program on an
1032 expedited basis;
1033 (2) requires the appropriate federal agency to meet enrollment demands; and
1034 (3) authorizes the state to impose sanctions on private employers who do not comply
1035 with the requirement to participate in the IMAGE program.
1036 Section 22. Section 63G-12-503 is enacted to read:
1037 63G-12-503. Participation in IMAGE program.
1038 (1) On or after the IMAGE program start date, a private employer employing one or
1039 more employees within the state shall enroll in the IMAGE program.
1040 (2) A private employer shall display a record of its enrollment in the IMAGE program
1041 in a location that is visible to the general public.
1042 (3) On or after the IMAGE program start date, a private employer shall submit proof to
1043 the agency issuing a business permit of enrollment in the IMAGE program when the private
1044 employer applies for or renews a business license.
1045 (4) On or after the IMAGE program start date, an agency may not issue or renew a
1046 business license to a private employer if the private employer is not enrolled in the IMAGE
1048 Section 23. Section 63G-12-504 is enacted to read:
1049 63G-12-504. Private right of action.
1050 On or after the IMAGE program start date, an individual who is a victim of identity
1051 theft by an illegal alien employed by a private employer who is not enrolled in the IMAGE
1052 program may bring an action in a court of competent jurisdiction for damages against the
1054 Section 24. Section 63G-12-601 is enacted to read:
1056 63G-12-601. Visa tied to United States Agency for International Development.
1057 (1) The governor shall urge Utah's congressional delegation to support the
1058 establishment of a temporary worker program that coordinates with United States Agency for
1059 International Development programs and meets the requirements of this section.
1060 (2) Under the temporary worker program established under Subsection (1), a temporary
1061 worker shall be sponsored by the United States Agency for International Development and
1062 work in the United States in an appropriate job, as determined by the United States Agency for
1063 International Development, for three years to learn skills directly related to a United States
1064 Agency for International Development's development assistance program that is funded in a
1065 foreign nation.
1066 (3) A temporary worker in the program created under this section shall be:
1067 (a) paid a competitive wage and benefits;
1068 (b) receive on-the-job training;
1069 (c) learn English; and
1070 (d) be taught basic business skills that will be applied upon return to the participant's
1071 country of origin.
1072 (4) At the end of three years, the temporary worker will return to the temporary
1073 worker's country of origin to apply the skills learned.
1074 Section 25. Section 63G-12-602 is enacted to read:
1075 63G-12-602. Employment visas lined to unemployment rate.
1076 (1) The governor shall urge Utah's congressional delegation to support the
1077 establishment of a flexible program that coordinates existing temporary worker visa categories
1078 with the unemployment rate in the United States and meets the requirements of this section.
1079 (2) (a) Under the program established under this section the number of temporary
1080 worker visas issued shall be based on the unemployment rate in the local market and in each
1081 sector of the economy.
1082 (b) Visa numbers may increase when the unemployment rate falls below 4% and
1083 continue to increase as unemployment decreases.
1084 (c) When unemployment increases, temporary workers will be the first to be terminated
1085 from employment and the number of visas will decrease and visa renewals will be limited to
1086 ensure that citizens of the United States remain employed.
1087 Section 26. Section 63G-12-604 is enacted to read:
1088 63G-12-604. Three year agriculture visa.
1089 (1) The governor shall urge Utah's congressional delegation to support the
1090 establishment of a three year agriculture visa that applies to year around operations and meets
1091 the requirements of this section.
1092 (2) A visa established under this section shall:
1093 (a) be the equivalent of the H1B Visa;
1094 (b) allow a temporary worker to remain for three years, except that the visa may be
1095 renewed for an additional three-year period; and
1096 (c) require that the visa holder is authorized to work for one specific company and have
1097 the ability to change employers only under limited circumstances.
1098 Section 27. Section 63I-2-213 is amended to read:
1099 63I-2-213. Repeal dates -- Title 13.
1100 Title 13, Chapter 47, Private Employer Verification Act, is repealed on the IMAGE
1101 program start date, as defined in Section [
1102 Section 28. Section 67-5-22.7 is amended to read:
1103 67-5-22.7. Multi-agency strike force to combat violent and other major felony
1104 crimes associated with illegal immigration and human trafficking -- Fraudulent
1105 Documents Identification Unit.
1106 (1) The Office of the Attorney General is authorized to administer and coordinate the
1107 operation of a multi-agency strike force to combat violent and other major felony crimes
1108 committed within the state that are associated with illegal immigration and human trafficking.
1109 (2) The office shall invite officers of the U.S. Immigration and Customs Enforcement
1110 and state and local law enforcement personnel to participate in this mutually supportive,
1111 multi-agency strike force to more effectively utilize their combined skills, expertise, and
1113 (3) The strike force shall focus its efforts on detecting, investigating, deterring, and
1114 eradicating violent and other major felony criminal activity related to illegal immigration and
1115 human trafficking.
1116 (4) In conjunction with the strike force and subject to available funding, the Office of
1117 the Attorney General shall establish a Fraudulent Documents Identification Unit:
1118 (a) for the primary purpose of investigating, apprehending, and prosecuting individuals
1119 or entities that participate in the sale or distribution of fraudulent documents used for
1120 identification purposes;
1121 (b) to specialize in fraudulent identification documents created and prepared for
1122 individuals who are unlawfully residing within the state; and
1123 (c) to administer the Identity Theft Victims Restricted Account created under
1124 Subsection (5).
1125 (5) (a) There is created a restricted account in the General Fund known as the "Identity
1126 Theft Victims Restricted Account."
1127 (b) The Identity Theft Victims Restricted Account shall consist of money [
1129 Theft Victims Restricted Account under Section 63G-12-207 . If the balance in the Identity
1130 Theft Victims Restricted Account exceeds $1,000,000 at the close of any fiscal year, the excess
1131 shall be transferred to the Immigration Act Restricted Account created in Section 63G-12-103 .
1132 (c) Subject to appropriations from the Legislature, beginning on the program start date,
1133 as defined in Section 63G-12-102 , the Fraudulent Documents Identification Unit may expend
1134 the money in the Identity Theft Victims Restricted Account to pay a claim as provided in this
1135 Subsection (5) to a person who is a victim of employment related identity theft [
1137 (d) To obtain payment from the Identity Theft Victims Restricted Account, a person
1138 shall file a claim with the Fraudulent Documents Identification Unit by no later than one year
1139 after the day on which [
1142 person discovers that the person is a victim of employment related identity theft.
1143 (e) A claim filed under this Subsection (5) shall include evidence satisfactory to the
1144 Fraudulent Documents Identification Unit:
1145 (i) that the person is the victim of identity theft described in Subsection (5)(d); and
1146 (ii) of the actual damages experienced by the person as a result of the identity theft that
1147 are not recovered from a public or private source.
1148 (f) The Fraudulent Documents Identification Unit shall pay a claim from the Identity
1149 Theft Victims Restricted Account:
1150 (i) if the Fraudulent Documents Identification Unit determines that the person has
1151 provided sufficient evidence to meet the requirements of Subsection (5)(e);
1152 (ii) in the order that claims are filed with the Fraudulent Documents Identification
1153 Unit; and
1154 (iii) to the extent that it there is money in the Identity Theft Victims Restricted
1156 (g) If there is insufficient money in the Identity Theft Victims Restrict Account when a
1157 claim is filed under this Subsection (5) to pay the claim in full, the Fraudulent Documents
1158 Identification Unit may pay a claim when there is sufficient money in the account to pay the
1159 claim in the order that the claims are filed.
1160 (6) The strike force shall make an annual report on its activities to the governor and the
1161 Legislature's Law Enforcement and Criminal Justice Interim Committee by December 1,
1162 together with any proposed recommendations for modifications to this section.
1163 Section 29. Section 76-10-526 is amended to read:
1164 76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
1165 Exemption for concealed firearm permit holders.
1166 (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
1167 include a temporary permit issued under Section 53-5-705 .
1168 (2) (a) To establish personal identification and residence in this state for purposes of
1169 this part, a dealer shall require an individual receiving a firearm to present one photo
1170 identification on a form issued by a governmental agency of the state.
1171 (b) A dealer may not accept [
1172 the following as proof of identification for the purpose of establishing personal identification
1173 and residence in this state as required under this Subsection (2)[
1174 (i) a driving privilege card issued under Section 53-3-207 ; or
1175 (ii) a permit under Title 63G, Chapter 12, Utah Illegal Alien Family Transition Pilot
1177 (3) (a) A criminal history background check is required for the sale of a firearm by a
1178 licensed firearm dealer in the state.
1179 (b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
1181 (4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
1182 criminal background check, on a form provided by the bureau.
1183 (b) The form shall contain the following information:
1184 (i) the dealer identification number;
1185 (ii) the name and address of the individual receiving the firearm;
1186 (iii) the date of birth, height, weight, eye color, and hair color of the individual
1187 receiving the firearm; and
1188 (iv) the Social Security number or any other identification number of the individual
1189 receiving the firearm.
1190 (5) (a) The dealer shall send the information required by Subsection (4) to the bureau
1191 immediately upon its receipt by the dealer.
1192 (b) A dealer may not sell or transfer a firearm to an individual until the dealer has
1193 provided the bureau with the information in Subsection (4) and has received approval from the
1194 bureau under Subsection (7).
1195 (6) The dealer shall make a request for criminal history background information by
1196 telephone or other electronic means to the bureau and shall receive approval or denial of the
1197 inquiry by telephone or other electronic means.
1198 (7) When the dealer calls for or requests a criminal history background check, the
1199 bureau shall:
1200 (a) review the criminal history files, including juvenile court records, to determine if
1201 the individual is prohibited from purchasing, possessing, or transferring a firearm by state or
1202 federal law;
1203 (b) inform the dealer that:
1204 (i) the records indicate the individual is prohibited; or
1205 (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
1206 (c) provide the dealer with a unique transaction number for that inquiry; and
1207 (d) provide a response to the requesting dealer during the call for a criminal
1208 background, or by return call, or other electronic means, without delay, except in case of
1209 electronic failure or other circumstances beyond the control of the bureau, the bureau shall
1210 advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
1212 (8) (a) The bureau may not maintain any records of the criminal history background
1213 check longer than 20 days from the date of the dealer's request, if the bureau determines that
1214 the individual receiving the firearm is not prohibited from purchasing, possessing, or
1215 transferring the firearm under state or federal law.
1216 (b) However, the bureau shall maintain a log of requests containing the dealer's federal
1217 firearms number, the transaction number, and the transaction date for a period of 12 months.
1218 (9) If the criminal history background check discloses information indicating that the
1219 individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
1220 transferring a firearm, the bureau shall inform the law enforcement agency in the jurisdiction
1221 where the individual resides.
1222 (10) If an individual is denied the right to purchase a firearm under this section, the
1223 individual may review the individual's criminal history information and may challenge or
1224 amend the information as provided in Section 53-10-108 .
1225 (11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
1226 Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
1227 records provided by the bureau under this part are in conformance with the requirements of the
1228 Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
1229 (12) (a) (i) A dealer shall collect a criminal history background check fee of $7.50 for
1230 the sale of a firearm under this section.
1231 (ii) This fee remains in effect until changed by the bureau through the process under
1232 Section 63J-1-504 .
1233 (b) (i) The dealer shall forward at one time all fees collected for criminal history
1234 background checks performed during the month to the bureau by the last day of the month
1235 following the sale of a firearm.
1236 (ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
1237 the cost of administering and conducting the criminal history background check program.
1238 (13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
1239 Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
1240 required in this section for the purchase of a firearm if:
1241 (a) the individual presents the individual's concealed firearm permit to the dealer prior
1242 to purchase of the firearm; and
1243 (b) the dealer verifies with the bureau that the individual's concealed firearm permit is
1245 Section 30. Repealer.
1246 This bill repeals:
1247 Section 63G-12-203, Coordination with other federal or state laws or programs.
1248 Section 63G-12-206, Eligibility to obtain and maintain an immediate family
1250 Section 63G-12-209, Proficiency standards for English.
1251 Section 63G-12-301, Employing unauthorized alien -- Verification of employment
1253 Section 63G-12-303, Liability protections.
1254 Section 63G-12-304, Voluntary registration by private employer certifying
1255 participation in verification.
1256 Section 63G-12-305, Administrative actions -- Defenses.
1257 Section 63G-12-306, Penalties.
Legislative Review Note
as of 1-25-12 7:47 AM