H.B. 131

This document includes House Committee Amendments incorporated into the bill on Wed, Jan 31, 2007 at 12:35 PM by jeyring. --> This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 21, 2007 at 1:22 PM by rday. --> 1

DOCUMENT FRAUD
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Karen W. Morgan
5 Senate Sponsor: Lyle W. Hillyard
6
7 LONG TITLE
8 General Description:
9 This bill prohibits a person from knowingly, intentionally, or recklessly forging,
10 counterfeiting, altering, or falsely making or providing a document that unlawfully
11 establishes legal status.
12 Highlighted Provisions:
13 This bill:
14 . prohibits a person or entity from forging, counterfeiting, altering, or falsely making
15 or providing a document to unlawfully establish legal status and subjects a violator
16 to a civil penalty S. [ of not less than $50,000 ] up to $75,000 .S ;
17 . provides that the Office of the Attorney General may bring a civil action H. [ on behalf
18 of the Department of Workforce Services ] .H against an individual who makes or
19 provides a fraudulent document to unlawfully establish legal status; and
20 . provides that money collected in the civil action by the Office of the Attorney
21 General shall be deposited in the Attorney General Litigation Fund to be used for
22 costs incurred in bringing these civil actions.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 AMENDS:
29 76-10-922, as last amended by Chapters 256 and 328, Laws of Utah 2002
30 ENACTS:
31 35A-1-504, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 35A-1-504 is enacted to read:
35 35A-1-504. Document fraud -- Penalties.
36 (1) As used in this section, "intentionally, knowingly, and recklessly" means the same
37 as those terms are defined in Section 76-2-103 .
38 (2) A person or entity may not knowingly, intentionally, or recklessly forge,
39 counterfeit, alter, or falsely make or provide a document listed in 8 C.F.R. 274a.2(b)(1)(v) for
40 the purpose of unlawfully establishing legal status.
41 (3) (a) A person or entity that violates Subsection (2) is subject to a civil penalty S. [ of not
42 less than $50,000 ] up to $75,000 .S recoverable, with attorney fees and costs, in a civil action that
42a may be
43 brought by the Office of the Attorney General H. [ on behalf of the Department of Workforce
44 Services ] .H for each document subject to the violation.
45 (b) Moneys collected under Subsection (3)(a) shall be deposited in the Attorney
46 General Litigation Fund created in Section 76-10-922 to be H. first applied to any actual civil
46a damages incurred by an individual victim of the actions prohibited by this section and then
46b shall be .H used for costs incurred for actions
47 brought under this section.
48 (4) The penalties in this section are in addition to, and not in lieu of, the penalties in
49 Title 76, Chapter 6, Part 5, Fraud, and Part 11, Identity Fraud Act.
50 Section 2. Section 76-10-922 is amended to read:
51 76-10-922. Attorney General Litigation Fund.
52 (1) (a) (i) There is created a special revenue fund known as the Attorney General
53 Litigation Fund for the purpose of providing funds to pay for any costs and expenses incurred
54 by the state attorney general in relation to actions under state or federal antitrust, document
55 fraud, or criminal laws.
56 (ii) These funds are in addition to other funds as may be appropriated by the
57 Legislature to the attorney general for the administration and enforcement of the laws of this
58 state.

59 (b) At the close of any fiscal year, any balance in the fund in excess of [$2,000,000]
60 $3,000,000 shall be transferred to the General Fund.
61 (c) The attorney general may expend monies from the Attorney General Litigation
62 Fund for the purposes in Subsection (1)(a).
63 (2) (a) All monies received by the state or its agencies by reason of any judgment,
64 settlement, or compromise as the result of any action commenced, investigated, or prosecuted
65 by the attorney general, after payment of any fines, restitution, payments, costs, or fees
66 allocated by the court, shall be deposited in the Attorney General Litigation Fund, except as
67 provided in Subsection (2)(b).
68 (b) (i) Any expenses advanced by the attorney general in any of the actions under
69 Subsection (1)(a) shall be credited to the Attorney General Litigation Fund.
70 (ii) Any monies recovered by the attorney general on behalf of any private person or
71 public body other than the state shall be paid to those persons or bodies from funds remaining
72 after payment of expenses under Subsection (2)(b)(i).
73 [(3) The Division of Finance shall transfer any monies remaining in the Antitrust
74 Revolving Account on July 1, 2002, to the Attorney General Litigation Fund created in
75 Subsection (1).]




Legislative Review Note
as of 1-15-07 3:32 PM

Office of Legislative Research and General Counsel