First Substitute S.B. 81

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Feb 25, 2008 at 4:03 PM by rday. --> This document includes House Floor Amendments incorporated into the bill on Mon, Mar 3, 2008 at 4:11 PM by jeyring. -->

Senator John W. Hickman proposes the following substitute bill:

1 ILLEGAL IMMIGRATION
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: John W. Hickman
5 House Sponsor: Michael E. Noel
6
7 LONG TITLE
8 General Description:
9 This bill deals with provisions related to the immigration status of individuals within
10 the state.
11 Highlighted Provisions:
12 This bill:
13 . requires a county sheriff to make a reasonable effort to determine the citizenship
14 status of a person confined to a county jail for a period of time and to verify the
15 immigration status of a confined foreign national, and makes it a rebuttable
16 presumption, for the purpose of determining the grant or issuance of a bond, that a
17 person verified by the sheriff's efforts as a foreign national not lawfully admitted
18 into the United States is at risk of flight;
19 . provides that the Alcoholic Beverage Control Commission may not grant a
20 restaurant liquor license or private club license to a person who is not lawfully
21 present in the United States;
22 . provides for the creation and issuance of identification documents and requires that
23 those identification documents issued by public entities go only to United States
24 citizens, nationals, or legal permanent resident aliens with certain exceptions;
25 . provides for exceptions to the issuance of identification documents by public

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- 2 - 26 entities based on valid documentation of certain approved or pending immigration status and
27 places time period restrictions on the length of validity of the documents;
28 . requires public employers to register with and use a Status Verification System to
29 verify the federal authorization status of a new employee;
30 . beginning July 1, 2009, provides that a public employer may not enter into a
31 contract for the physical performance of services within the state with a contractor
32 unless the contractor registers and participates in the Status Verification System to
33 verify the work eligibility status of the contractor's new employees;
34 . provides that it is unlawful to discharge a lawful employee while retaining an
35 unauthorized alien in the same job category;
36 . requires an agency or political subdivision of the state to verify the lawful presence
37 in the United States of an individual who has applied for a state or local public
38 benefit, as defined by federal law, or a federal public benefit that is administered by
39 the agency or the political subdivision and provides for exceptions;
40 . requires an applicant for a state or local public benefit to certify the applicant's
41 lawful presence in the United States, and provides penalties for making a false,
42 fictitious, or fraudulent statement or representation in the application;
43 . provides, subject to the availability of funding, for the establishment of a Fraudulent
44 Documents Identification Unit by the attorney general for the primary purpose of
45 investigating, apprehending, and prosecuting individuals who participate in the sale
46 or distribution of fraudulent identification documents created and prepared for
47 individuals who are unlawfully residing within the state;
48 . requires the attorney general to negotiate a Memorandum of Understanding with the
49 United States Department of Justice or the United States Department of Homeland
50 Security for the enforcement of federal immigration and customs laws within the
51 state by state and local law enforcement personnel;
52 . prohibits a unit of local government from enacting an ordinance or policy that limits
53 or prohibits a law enforcement officer or government employee from
54 communicating or cooperating with federal officials regarding the immigration
55 status of a person within the state; and
56 . makes it a class A misdemeanor for a person to:

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Senate 3rd Reading Amendments 2-25-2008 rd/jlw 57

. transport in this state an alien for commercial advantage or private financial
58 gain, knowing that the alien is in the United States in violation of federal law, in
59 furtherance of the illegal presence in the United States; or
60 . conceal, harbor, or shelter from detection an alien, in a place within this state for
61 commercial advantage or private financial gain, knowing or in reckless
62 disregard of the fact that the alien is in the United States in violation of federal
63 law.
64 Monies Appropriated in this Bill:
65 None
66 Other Special Clauses:
66a S. This bill takes effect on July 1, 2009. .S
67 This bill coordinates with H.B. 63, Recodification of Title 63 State Affairs in General,
68 by providing technical renumbering.
69 Utah Code Sections Affected:
70 AMENDS:
71 32A-4-103, as last amended by Laws of Utah 2003, Chapter 314
72 32A-5-103, as last amended by Laws of Utah 2003, Chapter 314
73 ENACTS:
74 17-22-9.5, Utah Code Annotated 1953
75 63-99a-101, Utah Code Annotated 1953
76 63-99a-102, Utah Code Annotated 1953
77 63-99a-103, Utah Code Annotated 1953
78 63-99a-104, Utah Code Annotated 1953
79 67-5-22.5, Utah Code Annotated 1953
80 67-5-26, Utah Code Annotated 1953
81 76-10-2701, Utah Code Annotated 1953
82
83 Be it enacted by the Legislature of the state of Utah:
84 Section 1. Section 17-22-9.5 is enacted to read:
85 17-22-9.5. Citizenship determination of incarcerated persons.
86 (1) The sheriff shall make a reasonable effort to determine the citizenship status of a
87 person charged with a felony or driving under the influence under Section 41-6a-502 when the

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89 (2) If the confined person is a foreign national, the sheriff shall make a reasonable
90 effort to verify that the person:
91 (a) has been lawfully admitted into the United States; and
92 (b) the person's lawful status has not expired.
93 (3) (a) If the sheriff cannot verify the confined person's lawful status from documents
94 in the person's possession, the sheriff shall attempt to verify that status within 48 hours of the
95 person's confinement at the jail through contacting:
96 (i) the Law Enforcement Support Center of the United States Department of Homeland
97 Security; or
98 (ii) an office or agency designated for citizenship status verification by the United
99 States Department of Homeland Security.
100 (b) The sheriff shall notify the United States Department of Homeland Security of a
101 person whose lawful citizenship status cannot be verified under Subsection (2) or (3)(a).
102 (4) It is a rebuttable presumption for the purpose of determining the grant or issuance
103 of a bond that a person who is verified under this section as a foreign national not lawfully
104 admitted into the United States is at risk of flight.
105 Section 2. Section 32A-4-103 is amended to read:
106 32A-4-103. Qualifications.
107 (1) (a) The commission may not grant a restaurant liquor license to any person who has
108 been convicted of:
109 (i) a felony under [any] a federal or state law;
110 (ii) [any] a violation of [any] a federal or state law or local ordinance concerning the
111 sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic
112 beverages;
113 (iii) [any] a crime involving moral turpitude; or
114 (iv) on two or more occasions within the five years before the day on which the license
115 is granted, driving under the influence of alcohol, [any] a drug, or the combined influence of
116 alcohol and [any] a drug.
117 (b) In the case of a partnership, corporation, or limited liability company the
118 proscription under Subsection (1)(a) applies if any of the following has been convicted of [any]

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120 (i) a partner;
121 (ii) a managing agent;
122 (iii) a manager;
123 (iv) an officer;
124 (v) a director;
125 (vi) a stockholder who holds at least 20% of the total issued and outstanding stock of
126 the applicant corporation; or
127 (vii) a member who owns at least 20% of the applicant limited liability company.
128 (c) The proscription under Subsection (1)(a) applies if [any] a person employed to act
129 in a supervisory or managerial capacity for a restaurant has been convicted of [any] an offense
130 described in Subsection (1)(a).
131 (2) The commission may immediately suspend or revoke a restaurant liquor license if
132 after the day on which the restaurant liquor license is granted, a person described in Subsection
133 (1)(a), (b), or (c):
134 (a) is found to have been convicted of [any] an offense described in Subsection (1)(a)
135 prior to the license being granted; or
136 (b) on or after the day on which the license is granted:
137 (i) is convicted of an offense described in Subsection (1)(a)(i), (ii), or (iii); or
138 (ii) (A) is convicted of driving under the influence of alcohol, [any] a drug, or the
139 combined influence of alcohol and [any] a drug; and
140 (B) was convicted of driving under the influence of alcohol, [any] a drug, or the
141 combined influence of alcohol and [any] a drug within five years before the day on which the
142 person is convicted of the offense described in Subsection (2)(b)(ii)(A).
143 (3) The director may take emergency action by immediately suspending the operation
144 of a restaurant liquor license according to the procedures and requirements of Title 63, Chapter
145 46b, Administrative Procedures Act, for the period during which the criminal matter is being
146 adjudicated if a person described in Subsection (1)(a), (b), or (c):
147 (a) is arrested on a charge for an offense described in Subsection (1)(a)(i), (ii), or (iii);
148 or
149 (b) (i) is arrested on a charge for the offense of driving under the influence of alcohol,

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- 6 - 150 [any] a drug, or the combined influence of alcohol and [any] a drug; and
151 (ii) was convicted of driving under the influence of alcohol, [any] a drug, or the
152 combined influence of alcohol and [any] a drug within five years before the day on which the
153 person is arrested on a charge described in Subsection (3)(b)(i).
154 (4) (a) (i) The commission may not grant a restaurant liquor license to [any] a person
155 who has had any type of license, agency, or permit issued under this title revoked within the
156 last three years.
157 (ii) The commission may not grant a restaurant liquor license to an applicant that is a
158 partnership, corporation, or limited liability company if [any] a partner, managing agent,
159 manager, officer, director, stockholder who holds at least 20% of the total issued and
160 outstanding stock of the applicant corporation, or member who owns at least 20% of the
161 applicant limited liability company is or was:
162 (A) a partner or managing agent of [any] a partnership that had any type of license,
163 agency, or permit issued under this title revoked within the last three years;
164 (B) a managing agent, officer, director, or stockholder who holds or held at least 20%
165 of the total issued and outstanding stock of [any] a corporation that had any type of license,
166 agency, or permit issued under this title revoked within the last three years; or
167 (C) a manager or member who owns or owned at least 20% of [any] a limited liability
168 company that had any type of license, agency, or permit issued under this title revoked within
169 the last three years.
170 (b) An applicant that is a partnership, corporation, or limited liability company may not
171 be granted a restaurant liquor license if any of the following had any type of license, agency, or
172 permit issued under this title revoked while acting in that person's individual capacity within
173 the last three years:
174 (i) a partner or managing agent of the applicant partnership;
175 (ii) [any] a managing agent, officer, director, or stockholder who holds at least 20% of
176 the total issued and outstanding stock of the applicant corporation; or
177 (iii) a manager or member who owns at least 20% of the applicant limited liability
178 company.
179 (c) A person acting in an individual capacity may not be granted a restaurant liquor
180 license if that person was:

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- 7 - 181 (i) a partner or managing agent of a partnership that had any type of license, agency, or
182 permit issued under this title revoked within the last three years;
183 (ii) a managing agent, officer, director, or stockholder who held at least 20% of the
184 total issued and outstanding stock of a corporation that had any type of license, agency, or
185 permit issued under this title revoked within the last three years; or
186 (iii) a manager or member of a limited liability company who owned at least 20% of
187 the limited liability company that had any type of license, agency, or permit issued under this
188 title revoked within the last three years.
189 (5) (a) A minor may not be granted a restaurant liquor license.
190 (b) The commission may not grant a restaurant liquor license to an applicant that is a
191 partnership, corporation, or limited liability company if any of the following is a minor:
192 (i) a partner or managing agent of the applicant partnership;
193 (ii) a managing agent, officer, director, or stockholder who holds at least 20% of the
194 total issued and outstanding stock of the applicant corporation; or
195 (iii) a manager or member who owns at least 20% of the applicant limited liability
196 company.
197 (6) If [any] a person to whom a license has been issued under this part no longer
198 possesses the qualifications required by this title for obtaining that license, the commission
199 may suspend or revoke that license.
200 (7) The commission may not grant a restaurant liquor license to an applicant who is not
201 lawfully present in the United States.
202 Section 3. Section 32A-5-103 is amended to read:
203 32A-5-103. Qualifications.
204 (1) (a) The commission may not grant a private club license to [any] a person who has
205 been convicted of:
206 (i) a felony under [any] a federal or state law;
207 (ii) [any] a violation of [any] a federal or state law or local ordinance concerning the
208 sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic
209 beverages;
210 (iii) [any] a crime involving moral turpitude; or
211 (iv) on two or more occasions within the five years before the day on which the license

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213 alcohol and [any] a drug.
214 (b) In the case of a partnership, corporation, or limited liability company, the
215 proscription under Subsection (1)(a) applies if any of the following has been convicted of [any]
216 an offense described in Subsection (1)(a):
217 (i) a partner;
218 (ii) a managing agent;
219 (iii) a manager;
220 (iv) an officer;
221 (v) a director;
222 (vi) a stockholder who holds at least 20% of the total issued and outstanding stock of
223 the applicant corporation; or
224 (vii) a member who owns at least 20% of the applicant limited liability company.
225 (c) The proscription under Subsection (1)(a) applies if [any] a person employed to act
226 in a supervisory or managerial capacity for a private club has been convicted of [any] an
227 offense described in Subsection (1)(a).
228 (2) The commission may immediately suspend or revoke a private club license if after
229 the day on which the private club license is granted, a person described in Subsection (1)(a),
230 (b), or (c):
231 (a) is found to have been convicted of [any] an offense described in Subsection (1)(a)
232 prior to the license being granted; or
233 (b) on or after the day on which the license is granted:
234 (i) is convicted of an offense described in Subsection (1)(a)(i), (ii), or (iii); or
235 (ii) (A) is convicted of driving under the influence of alcohol, [any] a drug, or the
236 combined influence of alcohol and [any] a drug; and
237 (B) was convicted of driving under the influence of alcohol, [any] a drug, or the
238 combined influence of alcohol and [any] a drug within five years before the day on which the
239 person is convicted of the offense described in Subsection (2)(b)(ii)(A).
240 (3) The director may take emergency action by immediately suspending the operation
241 of a private club license according to the procedures and requirements of Title 63, Chapter 46b,
242 Administrative Procedures Act, for the period during which the criminal matter is being

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- 9 - 243 adjudicated if a person described in Subsection (1)(a), (b), or (c):
244 (a) is arrested on a charge for [any] an offense described in Subsection (1)(a)(i), (ii), or
245 (iii); or
246 (b) (i) is arrested on a charge for the offense of driving under the influence of alcohol,
247 [any] a drug, or the combined influence of alcohol and [any] a drug; and
248 (ii) was convicted of driving under the influence of alcohol, [any] a drug, or the
249 combined influence of alcohol and [any] a drug within five years before the day on which the
250 person is arrested on a charge described in Subsection (3)(b)(i).
251 (4) (a) (i) The commission may not grant a private club license to [any] a person who
252 has had any type of license, agency, or permit issued under this title revoked within the last
253 three years.
254 (ii) The commission may not grant a private club license to [any] an applicant that is a
255 partnership, corporation, or limited liability company if [any] a partner, managing agent,
256 manager, officer, director, stockholder who holds at least 20% of the total issued and
257 outstanding stock of an applicant corporation, or member who owns at least 20% of an
258 applicant limited liability company is or was:
259 (A) a partner or managing agent of [any] a partnership that had any type of license,
260 agency, or permit issued under this title revoked within the last three years;
261 (B) a managing agent, officer, director, or a stockholder who holds or held at least 20%
262 of the total issued and outstanding stock of [any] a corporation that had any type of license,
263 agency, or permit issued under this title revoked within the last three years; or
264 (C) a manager or member who owns or owned at least 20% of [any] a limited liability
265 company that had any type of license, agency, or permit issued under this title revoked within
266 the last three years.
267 (b) An applicant that is a partnership, corporation, or limited liability company may not
268 be granted a private club license if any of the following had any type of license, agency, or
269 permit issued under this title revoked while acting in that person's individual capacity within
270 the last three years:
271 (i) [any] a partner or managing agent of the applicant partnership;
272 (ii) [any] a managing agent, officer, director, or stockholder who holds at least 20% of
273 the total issued and outstanding stock of the applicant corporation; or

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275 liability company.
276 (c) A person acting in an individual capacity may not be granted a private club license
277 if that person was:
278 (i) a partner or managing agent of a partnership that had any type of license, agency, or
279 permit issued under this title revoked within the last three years;
280 (ii) a managing agent, officer, director, or stockholder who held at least 20% of the
281 total issued and outstanding stock of a corporation that had any type of license, agency, or
282 permit issued under this title revoked within the last three years; or
283 (iii) a manager or member of a limited liability company who owned at least 20% of
284 the limited liability company that had any type of license, agency, or permit issued under this
285 title revoked within the last three years.
286 (5) (a) A minor may not be granted a private club license.
287 (b) The commission may not grant a private club license to an applicant that is a
288 partnership, corporation, or limited liability company if any of the following is a minor:
289 (i) a partner or managing agent of the applicant partnership;
290 (ii) a managing agent, officer, director, or stockholder who holds at least 20% of the
291 total issued and outstanding stock of the applicant corporation; or
292 (iii) a manager or member who owns at least 20% of the applicant limited liability
293 company.
294 (6) If [any] a person or entity to whom a license has been issued under this chapter no
295 longer possesses the qualifications required by this title for obtaining that license, the
296 commission may suspend or revoke that license.
297 (7) The commission may not grant a private club license to an applicant who is not
298 lawfully present in the United States.
299 Section 4. Section 63-99a-101 is enacted to read:
300 CHAPTER 99a. IDENTITY DOCUMENTS AND VERIFICATION
301 63-99a-101. Title.
302 This chapter is known as "Identity Documents and Verification."
303 Section 5. Section 63-99a-102 is enacted to read:
304 63-99a-102. Creation of identity documents -- Issuance to citizens, nationals, and

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306 (1) The following entities may create, publish, or otherwise manufacture an
307 identification document, identification card, or identification certificate and possess an
308 engraved plate or other device for the printing of an identification document:
309 (a) a federal, state, or local government agency for employee identification, which is
310 designed to identify the bearer as an employee;
311 (b) a federal, state, or local government agency for purposes authorized or required by
312 law or a legitimate purpose consistent with the duties of the agency, including such documents
313 as voter identification cards, driver licenses, identification cards, passports, birth certificates,
314 and Social Security cards; and
315 (c) a public school or state or private educational institution to identify the bearer as an
316 administrator, faculty member, student, or employee.
317 (2) The name of the issuing entity shall be clearly printed upon the face of the
318 identification document.
319 (3) Except as otherwise provided in Subsections (4) and (5) or by federal law, an entity
320 providing an identity document, card, or certificate under Subsection (1)(b) or (c) shall issue
321 the document, card, or certificate only to:
322 (a) a United States citizen;
323 (b) a national; or
324 (c) a legal permanent resident alien.
325 (4) (a) Subsection (3) does not apply to an applicant for an identification document
326 who presents, in person, valid documentary evidence of the applicant's:
327 (i) unexpired immigrant or nonimmigrant visa status for admission into the United
328 States;
329 (ii) pending or approved application for asylum in the United States;
330 (iii) admission into the United States as a refugee;
331 (iv) pending or approved application for temporary protected status in the United
332 States;
333 (v) approved deferred action status; or
334 (vi) pending application for adjustment of status to legal permanent resident or
335 conditional resident.

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House Floor Amendments 3-3-2008 je/jlw 336

(b) (i) An entity listed in Subsection (1)(b) or (c) may issue a Subsection (1)(b) or (c)
337 identification document to an applicant who satisfies the requirements of Subsection (4)(a).
338 (ii) Except as otherwise provided by federal law, the document is valid only:
339 (A) during the period of time of the individual's authorized stay in the United States; or
340 (B) for one year from the date of issuance if there is no definite end to the individual's
341 period of authorized stay.
342 (iii) An entity issuing an identification document under this Subsection (4) shall clearly
343 indicate on the document:
344 (A) that it is temporary; and
345 (B) its expiration date.
346 (c) An individual may renew a document issued under this Subsection (4) only upon
347 presentation of valid documentary evidence that the status by which the individual originally
348 qualified for the identification document has been extended by the United States Citizenship
349 and Immigration Services or other authorized agency of the United States Department of
350 Homeland Security.
351 (5) (a) Subsection (3) does not apply to an identification document issued under
352 Subsection (1)(c) that is only:
353 (i) valid for use on the educational institution's campus or facility; and
354 (ii) includes a statement of the restricted use conspicuously printed upon the face of the
355 identification document.
356 (b) Subsection (3) does not apply to a driving privilege card issued or renewed under
357 Section 53-3-207 .
357a H. (6) This section shall be enforced without regard to race, religion, gender, ethnicity. or
357b national origin. .H
358 Section 6. Section 63-99a-103 is enacted to read:
359 63-99a-103. Status verification system -- Registration and use -- Performance of
360 services -- Unlawful practice.
361 (1) As used in this section:
362 (a) "Contractor" means a subcontractor, contract employee, staffing agency, H. trade
362a union, .H or any
363 contractor regardless of its tier.
364 (b) "Public employer" means a department, agency, instrumentality, or political
365 subdivision of the state.
366 (c) (i) "Status Verification System" means an electronic system operated by the federal

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Senate 3rd Reading Amendments 2-25-2008 rd/jlw 367

government, through which an authorized official of a state agency or a political subdivision of
368 the state may inquire by exercise of authority delegated pursuant to 8 U.S.C., Sec. 1373, to
369 verify the citizenship or immigration status of an individual within the jurisdiction of the
370 agency or political subdivision for a purpose authorized under this section.
371 (ii) "Status Verification System" includes:
372 (A) the electronic verification of the work authorization program of the Illegal
373 Immigration Reform and Immigration Responsibility Act of 1996, 8 U.S.C., Sec. 1324a,
374 known as the Basic Pilot Program;
375 (B) an equivalent federal program designated by the United States Department of
376 Homeland Security or other federal agency authorized to verify the work eligibility status of a
377 newly hired employee pursuant to the Immigration and Reform Control Act of 1986;
378 (C) the Social Security Number Verification Service or similar online verification
379 process implemented by the United States Social Security Administration; or
380 (D) an independent third-party system with an equal or higher degree of reliability as
381 the programs, systems, or processes described in Subsection (1)(a)(ii)(A), (B), or (C).
382 (d) "Unauthorized alien" means an alien as defined in 8 U.S.C., Sec. 1324a(h)(3).
383 (2) H. (a) .H Each public employer shall register with and use a Status Verification
383a System to
384 verify the federal employment authorization status of a new employee.
384a H. (b) This section shall be enforced without regard to race, religion, gender, ethnicity, or
384b national origin. .H
385 (3) (a) Beginning July 1, 2009:
386 (i) a public employer may not enter into a contract for the physical performance of
387 services within the state with a contractor unless the contractor registers and participates in the
388 Status Verification System to verify the work eligibility status of the contractor's new
389 employees S. that are employed in the state .S .
390 (ii) a contractor shall register and participate in the Status Verification System in order
391 to enter into a contract with a public employer.
391a H. (b)(i) For purposes of compliance with Subsection (3)(a), a contractor is individually
391b responsible for verifying the employment status of only new employees who work under the
391c contractor's supervision or direction and not those who work for another contractor or
391d subcontractor, except as otherwise provided in Subsection (3)(b)(i).
391e (ii) Each contractor or subcontractor who works under or for another contractor shall
391f certify to the main contractor by affidavit that the contractor or subcontractor has

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House Floor Amendments 3-3-2008 je/jlw 391g

verified through the Status Verification System the employment status of each new employee
391h of the respective contractor or subcontractor.
392 [ (b) ] (c) .H Subsection (3)(a) does not apply to a contract:
393 (i) entered into by the entities referred to in Subsection (3)(a) prior to July 1, 2009,
394 even though the contract may involve the physical performance of services within the state on
395 or after July 1, 2009; or
396 (ii) that involves underwriting, remarketing, broker-dealer activities, securities
397 placement, investment advisory, financial advisory, or other financial or investment banking

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Senate 3rd Reading Amendments 2-25-2008 rd/jlw 398

services.
399 (4) (a) It is unlawful for an employing entity in the state to discharge an employee
400 working in Utah who is a United States citizen or permanent resident alien S. [ while retaining ] and
400a replace the employee with, or have the employee's duties assumed by, .S an
401 employee who:
402 (i) the employing entity knows, or reasonably should have known, is an unauthorized
403 alien hired on or after July 1, 2009; and
404 (ii) is working in the state in a job category:
405 (A) that requires equal skill, effort, and responsibility; and
406 (B) which is performed under similar working conditions, as defined in 29 U.S.C., Sec.
407 206 (d)(1), as the job category held by the discharged employee.
408 (b) An employing entity, which on the date of a discharge in question referred to in
409 Subsection (4)(a) is enrolled in and using the Status Verification System to verify the
410 employment eligibility of its employees in Utah who are hired on or after July 1, 2009, is
411 exempt from liability, investigation, or lawsuit arising from an action under this section.
412 (c) A cause of action for a violation of this Subsection (4) arises exclusively from the
413 provisions of this Subsection (4).
414 Section 7. Section 63-99a-104 is enacted to read:
415 63-99a-104. Receipt of state, local, or federal public benefits -- Verification --
416 Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
417 (1) Except as provided in Subsection (3) or where exempted by federal law, an agency
418 or political subdivision of the state shall verify the lawful presence in the United States of an
419 individual at least 18 years of age who has applied for:
420 (a) a state or local public benefit as defined in 8 U.S.C., Sec. 1621; or
421 (b) a federal public benefit as defined in 8 U.S.C., Sec. 1611, that is administered by an
422 agency or political subdivision of this state.
423 (2) This section shall be enforced without regard to race, religion, gender, ethnicity, or
424 national origin.
425 (3) Verification of lawful presence under this section is not required for:
426 (a) any purpose for which lawful presence in the United States is not restricted by law,
427 ordinance, or regulation;
428 (b) assistance for health care items and services that are necessary for the treatment of

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430 involved and are not related to an organ transplant procedure;
431 (c) short-term, noncash, in-kind emergency disaster relief;
432 (d) public health assistance for immunizations with respect to immunizable diseases
433 and for testing and treatment of symptoms of communicable diseases whether or not the
434 symptoms are caused by the communicable disease;
435 (e) programs, services, or assistance such as soup kitchens, crisis counseling and
436 intervention, and short-term shelter, specified by the United States Attorney General, in the
437 sole and unreviewable discretion of the United States Attorney General after consultation with
438 appropriate federal agencies and departments, which:
439 (i) deliver in-kind services at the community level, including through public or private
440 nonprofit agencies;
441 (ii) do not condition the provision of assistance, the amount of assistance provided, or
442 the cost of assistance provided on the income or resources of the individual recipient; and
443 (iii) are necessary for the protection of life or safety;
444 (f) the exemption for paying the nonresident portion of total tuition as set forth in
445 Section 53B-8-106 ; and
446 (g) an applicant for a license under Section 61-1-4 , if the applicant is registered with
447 the Financial Industry Regulatory Authority and files an application with the state Division of
448 Securities through the Central Registration Depository.
449 (4) An agency or political subdivision required to verify the lawful presence in the
450 United States of an applicant under this section shall require the applicant to certify under
451 penalty of perjury that:
452 (a) the applicant is a United States citizen; or
453 (b) the applicant is:
454 (i) a qualified alien as defined in 8 U.S.C., Sec. 1641; and
455 (ii) lawfully present in the United States.
456 (5) An agency or political subdivision shall verify a certification required under
457 Subsection (4) through the Systematic Alien Verification for Entitlements Program, hereafter
458 referred to in this section as the "Program", operated by the United States Department of
459 Homeland Security or an equivalent program designated by the Department of Homeland

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461 (6) (a) An individual who knowingly and willfully makes a false, fictitious, or
462 fraudulent statement or representation in a certification under Subsection (4) is subject to the
463 criminal penalties applicable in this state for:
464 (i) making a written false statement under Subsection 76-8-504 (2); and
465 (ii) fraudulently obtaining public assistance program benefits under Sections 76-8-1205
466 and 76-8-1206 or unemployment compensation under Section 76-8-1301 .
467 (b) If the certification constitutes a false claim of U.S. citizenship under 18 U.S.C.,
468 Sec. 911, the agency or political subdivision shall file a complaint with the United States
469 Attorney General for the applicable district based upon the venue in which the application was
470 made.
471 (7) An agency or political subdivision may adopt variations to the requirements of this
472 section which:
473 (a) clearly improve the efficiency of or reduce delay in the verification process; or
474 (b) provide for adjudication of unique individual circumstances where the verification
475 procedures in this section would impose an unusual hardship on a legal resident of Utah.
476 (8) It is unlawful for an agency or a political subdivision of this state to provide a state,
477 local, or federal benefit, as defined in 8 U.S.C., Sec. 1611 and Sec. 1621, in violation of the
478 provisions of this section.
479 (9) Each state agency or department that administers a program of state or local public
480 benefits shall:
481 (a) provide an annual report to the governor, the president of the Senate, and the
482 speaker of the House regarding its compliance with this section; and
483 (b) (i) monitor the Program for application verification errors and significant delays;
484 (ii) provide an annual report on the errors and delays to ensure that the application of
485 the Program is not erroneously denying a state or local benefit to a legal resident of the state;
486 and
487 (iii) report delays and errors in the Program to the United States Department of
488 Homeland Security.
489 Section 8. Section 67-5-22.5 is enacted to read:
490 67-5-22.5. Fraudulent Documents Identification Unit.

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492 Documents Identification Unit:
493 (1) for the primary purpose of investigating, apprehending, and prosecuting individuals
494 or entities that participate in the sale or distribution of fraudulent documents used for
495 identification purposes; and
496 (2) to specialize in fraudulent identification documents created and prepared for
497 individuals who are unlawfully residing within the state.
498 Section 9. Section 67-5-26 is enacted to read:
499 67-5-26. Memorandum of Understanding regarding enforcement of federal
500 immigration laws -- Communications regarding immigration status -- Private cause of
501 action.
502 (1) The attorney general shall negotiate the terms of a Memorandum of Understanding
503 between the state and the United States Department of Justice or the United States Department
504 of Homeland Security as provided in 8 U.S.C., Sec. 1357(g) for the enforcement of federal
505 immigration and customs laws within the state by state and local law enforcement personnel, to
506 include investigations, apprehensions, detentions, and removals of persons who are illegally
507 present in the United States.
508 (2) The attorney general, the governor, or an individual otherwise required by the
509 appropriate federal agency referred to in Subsection (1) shall sign the Memorandum of
510 Understanding on behalf of the state.
511 (3) (a) A unit of local government, whether acting through its governing body or by an
512 initiative or referendum, may not enact an ordinance or policy that limits or prohibits a law
513 enforcement officer, local official, or local government employee from communicating or
514 cooperating with federal officials regarding the immigration status of a person within the state.
515 (b) Notwithstanding any other provision of law, a government entity or official within
516 the state may not prohibit or in any way restrict a government entity or official from sending to,
517 or receiving from, the United States Department of Homeland Security information regarding
518 the citizenship or immigration status, lawful or unlawful, of an individual.
519 (c) Notwithstanding any other provision of law, a person or agency may not prohibit or
520 in any way restrict a public employee from doing the following regarding the immigration
521 status, lawful or unlawful, of an individual:

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House Floor Amendments 3-3-2008 je/jlw 522

(i) sending information to or requesting or receiving information from the United
523 States Department of Homeland Security;
524 (ii) maintaining the information referred to in Subsection (3)(c)(i); and
525 (iii) exchanging the information referred to in Subsection (3)(c)(i) with any other
526 federal, state, or local government entity.
527 (d) This Subsection (3) allows for a private right of action by a natural or legal person
528 lawfully domiciled in this state to file for a writ of mandamus to compel a noncompliant local
529 or state governmental agency to comply with the reporting laws of this Subsection (3).
530 Section 10. Section 76-10-2701 is enacted to read:
531 Part 27. Transporting or Harboring of Illegal Aliens
532 76-10-2701. Transporting or harboring aliens -- Definition -- Penalty.
533 (1) For purposes of this part, "alien" means an individual who is illegally present in the
534 United States.
535 (2) It is unlawful for a person to:
536 (a) transport, move, or attempt to transport H. [ in this state ] into this state or for a
536a distance of greater than 100 miles within the state .H an alien for commercial
537 advantage or private financial gain, knowing or in reckless disregard of the fact that the alien is
538 in the United States in violation of federal law, in furtherance of the illegal presence of the
539 alien in the United States; or
540 (b) knowingly, with the intent to violate federal immigration law, conceal, harbor, or
541 shelter from detection an alien in a place within this state, including a building or means of
542 transportation for commercial advantage or private financial gain, knowing or in reckless
543 disregard of the fact that the alien is in the United States in violation of federal law.
544 (3) A person who violates Subsection (2)(a) or (b) is guilty of a class A misdemeanor.
545 (4) Nothing in this part prohibits or restricts the provision of:
546 (a) a state or local public benefit described in 8 U.S.C., Section 1621(b); or
547 (b) charitable or humanitarian assistance, including medical care, housing, counseling,
548 food, victim assistance, religious services and sacraments, and transportation to and from a
549 location where the assistance is provided , by a charitable, educational, or religious
550 organization or its employees, agents, or volunteers, using private funds.
551 (5) (a) It is not a violation of this part for a religious denomination or organization or
552 an agent, officer, or member of a religious denomination or organization to encourage, invite,

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Senate 3rd Reading Amendments 2-25-2008 rd/jlw 553

call, allow, or enable an alien to perform the vocation of a minister or missionary for the
554 denomination or organization in the United States as a volunteer who is not compensated as an
555 employee, notwithstanding the provision of room, board, travel, medical assistance, and other
556 basic living expenses.
557 (b) Subsection (5)(a) applies only to an alien who has been a member of the religious
558 denomination or organization for at least one year.
559 Section 11. S. Effective date.
559a This bill takes effect on July 1,2009.
559b Section 12. .S Coordinating S.B. 81 with H.B. 63 -- Technical renumbering.
560 If this S.B. 81 and H.B. 63, Recodification of Title 63 State Affairs in General, both
561 pass, it is the intent of the Legislature that the Office of Legislative Research and General
562 Counsel, in preparing the Utah Code database for publication renumber Title 63, Chapter 99a
563 to Title 63G, Chapter 11 and Sections 63-99a-101 through 63-99a-104 to Sections 63G-11-101
564 through 63G-11-104 .