H.B. 179

1

UTAH EMPLOYMENT ACT
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Glenn A. Donnelson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions for Labor in General and other provisions related to the
10 Utah Employment Act.
11 Highlighted Provisions:
12 This bill:
13 . enacts the Utah Employment Act including:
14 . defining terms;
15 . addressing interpretation of the act;
16 . providing for severability;
17 . requiring employers to participate in the federal basic verification pilot program;
18 . requiring recordkeeping; and
19 . providing private right of action; and
20 . requires a state public procurement unit to condition procurement agreements on
21 receiving documentation that an employee has elected to participate in the federal
22 basic verification pilot program.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 ENACTS:
29 34-44-101, Utah Code Annotated 1953
30 34-44-102, Utah Code Annotated 1953
31 34-44-103, Utah Code Annotated 1953
32 34-44-104, Utah Code Annotated 1953
33 34-44-201, Utah Code Annotated 1953
34 34-44-202, Utah Code Annotated 1953
35 63-56-426, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 34-44-101 is enacted to read:
39 CHAPTER 44. UTAH EMPLOYMENT ACT
40 Part 1. General Provisions
41 34-44-101. Title.
42 This chapter is known as the "Utah Employment Act."
43 Section 2. Section 34-44-102 is enacted to read:
44 34-44-102. Definitions.
45 As used in this chapter:
46 (1) "Basic verification pilot program" means the electronic verification of work
47 authorization program:
48 (a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L.
49 104-128, Division C, Title IV, Subtitle A, Section 403(a), 8 U.S.C. 1324a (1996) (as amended
50 2002, 2003); and
51 (b) operated by the United States Department of Homeland Security.
52 (2) "Discharge" means the unconditional termination of employment of an employee.
53 (3) "Employee" means an individual performing or applying for work or service of any
54 kind or character for hire.
55 (4) "Employer" means a person employing or seeking to employ any individual for
56 hire.
57 (5) "Employment" means:
58 (a) the act of employing; or

59 (b) the state of being employed, engaged, or hired.
60 (6) "State" means any of the following of the state:
61 (a) a department;
62 (b) a division;
63 (c) a commission;
64 (d) a council;
65 (e) a board;
66 (f) a bureau;
67 (g) a committee;
68 (h) an institution;
69 (i) a government corporation; or
70 (j) other establishment, official, or employee.
71 Section 3. Section 34-44-103 is enacted to read:
72 34-44-103. Interpretation of chapter.
73 This chapter shall be interpreted so as to be fully consistent with:
74 (1) federal immigration and labor laws; and
75 (2) the state's labor laws.
76 Section 4. Section 34-44-104 is enacted to read:
77 34-44-104. Severability.
78 If any provision of this chapter or the application of a provision to any person or
79 circumstance is held invalid:
80 (1) the invalidity may not affect other provisions or applications of this chapter that
81 may be given effect without the invalid provision or application; or
82 (2) the provisions of this chapter are severable.
83 Section 5. Section 34-44-201 is enacted to read:
84 Part 2. Participation in Basic Verification Pilot Program
85 34-44-201. Participation in basic verification pilot program required for
86 employer.
87 (1) An employer employing an employee in this state, including the state or a political
88 subdivision of the state, shall participate in the basic verification pilot program to verify the
89 employment eligibility of any employee that the employer hires on or after the day on which

90 the employer executes the documentation required under the basic verification pilot program to
91 elect to participate in the basic verification pilot program.
92 (2) An employer shall maintain a current copy of the documentation described in
93 Subsection (1).
94 Section 6. Section 34-44-202 is enacted to read:
95 34-44-202. Liability -- Discharge of certain employees.
96 (1) An employer in this state may not discharge an employee of the employer if:
97 (a) the employee is:
98 (i) a citizen of the United States;
99 (ii) a permanent resident alien employee; or
100 (iii) otherwise eligible under federal law to be employed in the United States; and
101 (b) on the day on which the employee is discharged the employer is in violation of
102 Section 34-44-201 .
103 (2) (a) An employee discharged in violation of Subsection (1) may bring a civil action
104 against the employer in any court of competent jurisdiction.
105 (b) In an action brought under this Subsection (2), if the employer is found in violation
106 of Subsection (1), the employer is liable to the employee discharged in violation of Subsection
107 (1) for:
108 (i) three times the actual damages sustained by the employee including:
109 (A) lost wages; and
110 (B) costs associated with locating and procuring new employment;
111 (ii) costs of litigation; and
112 (iii) reasonable attorney's fees.
113 Section 7. Section 63-56-426 is enacted to read:
114 63-56-426. Participation in basic verification pilot program.
115 A state public procurement unit shall require as a condition of any agreement to procure
116 supplies, services, and construction needed by the state that an employer of an employee
117 submit with that employer's response to a bid a current copy of the documentation required by
118 the basic verification pilot program, as defined in Section 34-44-102 , the employer obtained to
119 elect to participate in the basic verification pilot program.

Legislative Review Note
as of 2-2-06 2:54 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel