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WORKFORCE SERVICES AND COMMUNITY
Room W025, West Office Building, State Capitol Complex
February 12, 2008
Rep. Julie Fisher, Vice Chair
Rep. Bradley M. Daw
Rep. Jack R. Draxler
Rep. Janice Fisher
Rep. Christopher Herrod
MEMBERS ABSENT: Rep. Brad King
Rep. Karen W. Morgan
STAFF PRESENT: Arthur L. Hunsaker, Policy Analyst
Linda Error, Committee Secretary
Note: A list of visitors and a copy of handouts are filed with the committee minutes.
Rep. Mascaro called the meeting to order at 9:04 a.m.
MOTION: Rep. Daw moved to approve the minutes of the February 7, 2008 meeting. The motion passed unanimously.
H.B. 257 Employee Verification (Rep. C. Herrod)
MOTION: Rep. Julie Fisher moved to amend the bill as follows:
1. Page 1, Lines 9 through 11 :
9 This bill modifies provisions related to state affairs in general by conditioning
{
certain
10 economic incentives and } procurement agreements on employer participation in a federal
11 employee eligibility verification program.
2. Page 1, Lines 15 through 17 :
15 verification program of a newly hired employee's employment eligibility as a
16 condition for receiving
{
certain economic incentives and
}
procurement contracts
17 including:
3. Page 1, Lines 26 through 27 :
26 ENACTS:
27
{
63-38f-206, Utah Code Annotated 1953
}
4. Page 2, Line 30 through Page 3, Line 76 :
30 Be it enacted by the Legislature of the state of Utah:
31
{
Section 1.
Section
63-38f-206
is enacted to read:32 63-38f-206. Employment eligibility verification as a requirement for receiving
33 economic development incentives.
34 (1) As used in this section:
35 (a) "Economic development incentive" means one or more of the following:
36 (i) a loan, grant, or other financial assistance described in Part 9, Industrial Assistance
37 Fund;
38 (ii) a partial tax rebate described in Part 13, Aerospace and Aviation Zone;
39 (iii) a partial tax rebate described in Part 17, Economic Development Incentives Act;
40 (iv) an incentive described in Part 18, Motion Picture Incentive Fund;
41 (v) monies distributed under Part 19, Economic Development on Military Installations;
42 or
43 (vi) monies or other incentives distributed under Part 21, Economic Development -
44 Government Procurement Contracts.
45 (b) "Employee" means an individual performing or applying for work or service of any
46 kind or character for hire.
47 (c) "Employer" means a person employing or seeking to employ an individual for hire.
48 (d) "Employment" means:
49 (i) the act of employing; or
50 (ii) the state of being employed, engaged, or hired.
51 (e) "Federal employment verification program" means a program to electronically
52 verify employment eligibility that is:
53 (i) operated by the United States Department of Homeland Security to verify
54 information of employees pursuant to the Illegal Immigration Reform and Immigrant
55 Responsibility Act of 1996, P.L. 104-128, 110 Stat. 3009, Title IV, Subtitle A, (as amended
56 2002, 2003); or
57 (ii) a similar program operated by the United States Department of Homeland Security.
58 (2) The office shall require as a condition for receipt of an economic development
59 incentive that an employer certify that the employer:
60 (a) participates in a federal employment verification program referred to in Subsection
61 (1)(e); and
62 (b) has not been found to violate the requirements of the federal employment
63 verification program by:
64 (i) the United States Department of Homeland Security; or
65 (ii) the office.
66 (3) (a) If the office learns that an employer does not participate in the federal
67 employment verification program or is found by the United States Department of Homeland
68 Security to violate the requirements of the federal employment verification program within one
69 year after the day on which the employer receives or otherwise claims an economic
70 development incentive, the office may require the employer to repay to the state up to the full
71 value of the economic development incentive as of the day on which the employer receives or
72 otherwise claims the economic development incentive.
73 (b) If an employer described in this Subsection (3) receives or claims an economic
74 development incentive, the employer shall notify the office of a finding described in
Subsection
75
(3)(a) within five business days of the day on which the finding described in
Subsection (3)(a)
76
is final.
}
5. Page 3, Line 77 :
77 Section
{
2
}
1
.
Section
63-56-427
is enacted to read:
The motion to amend passed, with Rep. Daw voting in opposition.
Rep. Herrod explained the bill to the committee.
Spoke to the bill: Doug Richins, Director, Division of Purchasing
Spoke for the bill: Rundussa Eshete, owner, Design, Build, Operate Services
Nellie Morgan, Utah Minutemen Project
Spoke against the bill: Dave Davis, Utah Food Industry
Robin Riggs, Vice President, Salt Lake Chamber
MOTION: Rep. Daw moved to pass the bill out favorably as amended.
SUBSTITUTE
MOTION: Rep. Janice Fisher moved to send H.B. 257 to Interim Study. The motion failed with Rep. Janice Fisher voting in favor.
The original motion to pass the bill out favorably passed, with Rep. Janice Fisher voting in opposition.
MOTION: Rep. Daw moved to adjourn the meeting. The motion passed unanimously.
Rep. Mascaro adjourned the meeting at 9:55 a.m.
______________________________
Rep. Steven Mascaro, Chair