Link to Zipped WordPerfect Minutes 13K bytes
Members Present: Sen. Peter C. Knudson, Chair
Sen. D. Chris Buttars
Sen. John W. Hickman
Sen. Scott K. Jenkins
Sen. Scott D. McCoy
Sen. Ross I. Romero
Staff Present: Mark D. Andrews, Policy Analyst
Nedra Duzett, Secretary
Public Speakers Present: Ronald Mortensen, Utah Coalition on Illegal Immigration
Senator Mark B. Madsen
Robin Riggs, Vice President and General Counsel, Salt Lake City Chamber of Commerce
Melinda Turner, Citizen
Michael Clara, member of the Utah Republican Hispanic Assembly
Senator Michael Waddoups
Theresa Martinez, Co-chair Utahns for the American Dream
William Christoffersen, National Executive Committeeman, American Legion
George Holmann, United Way of Salt Lake
Norman Davis, Utah Minuteman Project
Jim Olsen, President, Utah Food Industry Association
Rob Latham, Chairman, Libertarian Party of Utah
Michael Cragun, Deputy Chief of Staff, Lieutenant Governor's Office
A list of visitors and a copy of handouts are filed with the committee minutes.
Committee Chair Knudson called the meeting to order at 2:05 p.m.
MOTION: Sen. Jenkins moved to approve the minutes of the February 6, 2008 meeting.
The motion passed unanimously.
1. S.B. 81 Illegal Immigration (J. Hickman)
Sen. Hickman explained the bill.
MOTION: Sen. Buttars moved to adopt the following amendment:
1. Page 1, Line 22 through Page 2, Line 32 :
22 .
{
restricts the exemption from paying the nonresident portion of total
tuition at a state
23 institution of higher education to students without lawful immigration status who
24 meet certain statutory prerequisites and register as an entering student at the
25 institution prior to May 1, 2010;
26 . provides that an individual who is not lawfully present in the United States is not
27 eligible on the basis of residence within the state for a higher education benefit, to
28 include scholarships, financial aid, and resident tuition, with one temporary exception;
29 . provides for the withholding of state income tax at the top rate from an independent
30 contractor who fails to provide documentation to the contracting entity that verifies
31 the independent contractor's employment authorization pursuant to the prohibition
32 against the use of unauthorized alien labor; }
2. Page 3, Lines 84 through 89 :
84
{
53B-8-106, as enacted by Laws of Utah 2002, Chapter 230
}
85 ENACTS:
86 17-22-9.5, Utah Code Annotated 1953
87
{
53B-8-106.5, Utah Code Annotated 1953
88 59-10-409, Utah Code Annotated 1953 }
89 63-99a-101, Utah Code Annotated 1953
3. Page 11, Line 313 through Page 12, Line 362 :
313
{
Section 4.
Section
53B-8-106
is amended to read:
314 53B-8-106. Resident tuition -- Requirements -- Rules.
315 (1) If allowed under federal law, a student, other than a nonimmigrant alien within the
316 meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States
317 Code, shall be exempt from paying the nonresident portion of total tuition if the student:
318 (a) attended high school in this state for three or more years;
319 (b) graduated from a high school in this state or received the equivalent of a high
320 school diploma in this state; and
321 (c) registers as an entering student at an institution of higher education:
322 (i) not earlier than the fall of the 2002-03 academic year[.]; and
323 (ii) before May 1, 2010.
324 (2) In addition to the requirements under Subsection (1), a student without lawful
325 immigration status shall file an affidavit with the institution of higher education stating that the
326 student has filed an application to legalize his immigration status, or will file an application as
327 soon as [he] the student is eligible to do so.
328 (3) An institution of higher education shall continue to provide the exemption from
329 paying the nonresident portion of total tuition for a student who entered the institution before
330 May 1, 2010, through the time that the student remains admitted as a student at that institution
331 in a program of study leading to a degree or a certificate.
332 [(3)] (4) The State Board of Regents shall make rules for the implementation of this
333 section.
334 [(4)] (5) Nothing in this section limits the ability of institutions of higher education to
335 assess nonresident tuition on students who do not meet the requirements under this section.
336 Section 5. Section 53B-8-106.5 is enacted to read:
337 53B-8-106.5. Limitation on higher education benefits.
338 Except as otherwise provided in Section 53B-8-106 , an individual who is not lawfully
339 present in the United States is not eligible on the basis of residence within the state for a higher
340 education benefit, to include:
341 (1) scholarships;
342 (2) financial aid; and
343 (3) resident tuition.
344 Section 6. Section 59-10-409 is enacted to read:
345 59-10-409. Withholding of state income tax when lacking verification of lawful
346 immigration status -- Noncompliance.
347 (1) If an individual independent contractor, contracting for the physical performance of
348 services in this state, fails to provide to the contracting entity documentation to verify the
349 independent contractor's employment authorization pursuant to the prohibition against the use
350 of unauthorized alien labor through contract set forth in 8 U.S.C., Sec. 1324a (a)(4), the
351 contracting entity shall withhold state income tax at the top marginal income tax rate as
352 provided in Title 59, Chapter 10, Part 4, Withholding of Tax, as applied to compensation paid
353 to the individual for the performance of the services within this state which exceeds the
354 minimum amount of compensation the contracting entity is required to report as income to the
355 United States Internal Revenue Service pursuant to federal law.
356 (2) A contracting entity who fails to comply with the withholding requirements of this
357 section is liable for the taxes required to have been withheld unless exempt from federal
358 withholding with respect to the individual pursuant to Section 1441 of the United States
359 Internal Revenue Code.
360 (3) For purposes of this section, "individual" means a resident or nonresident
361 individual as defined in Section 59-10-103 . }
362 Section
{
7
}
4
.
Section
63-99a-101
is enacted to read:
4. Page 12, Line 366 :
366 Section
{
8
}
5
.
Section
63-99a-102
is enacted to read:
5. Page 14, Line 428 :
428 Section
{
9
}
6
.
Section
63-99a-103
is enacted to read:
6. Page 16, Line 480 :
480 Section
{
10
}
7
.
Section
63-99a-104
is enacted to read:
7. Page 17, Lines 510 through 511 :
510 (f) the exemption for paying the nonresident portion of total tuition
{
for the time
periods
}
as
511 set forth in Section 53B-8-106 .
8. Page 19, Line 555 :
555 Section
{
11
}
8
.
Section
67-5-22.5
is enacted to read:
9. Page 19, Line 564 :
564 Section
{
12.
}
9
Section
67-5-26
is enacted to read:
10. Page 20, Line 596 :
596 Section
{
13
}
10
.
Section
76-10-2701
is enacted to read:
11. Page 20, Line 611 :
611 Section
{
14
}
11
. Coordinating S.B. 81 with H.B. 63 -- Technical
renumbering.
The motion passed unanimously.
James Wilson, Associate General Counsel, Office of Legislative Research and General Counsel, answered questions posed by Committee members.
The following spoke in support of the bill:
Ronald Mortensen, Utah Coalition on Illegal Immigration
Senator Mark B. Madsen
Melinda Turner, Citizen
Senator Michael G. Waddoups
William Christoffersen, National Executive Committeeman, American Legion
Norman Davis, Utah Minuteman Project
The following spoke in opposition to the bill:
Robin Riggs, Vice President and General Counsel, Salt Lake City Chamber of Commerce
Michael Clara, member of the Utah Republican Hispanic Assembly
Theresa Martinez, Co-chair Utahns for the American Dream
George Hoffmann, United Way of Salt Lake
Jim Olsen, President, Utah Food Industry Association
MOTION: Sen. Buttars moved to pass the bill out favorably.
SUBSTITUTE MOTION: Sen. Romero moved to send the bill to interim study. The substitute motion failed with Sen. McCoy and Sen. Romero voting in favor.
SUBSTITUTE MOTION: Sen. Jenkins moved to change the effective date of the
bill from July 1, 2009 to July 1, 2010.
Sen. Jenkins withdrew his substitute motion.
SUBSTITUTE MOTION: Sen. Jenkins moved to make July 1, 2009 the effective date of the legislation.
The motion failed with Sens. McCoy, Romero, and Jenkins voting in favor and Sens. Buttars, Hickman, and Knudson voting in opposition.
The original motion to pass the bill out favorably passed with Sens. Buttars, Hickman, Knudson, and Jenkins voting in favor and Sens. McCoy and Romero voting in opposition.
Sen. Jenkins assumed the Chair.
2. S.B. 193 Election Law Changes (P. Knudson)
Sen. Knudson explained the bill.
Michael Cragun, Deputy Chief of Staff, Lieutenant Governor's Office, spoke to the bill.
MOTION: Sen. McCoy moved to pass the bill out favorably.
The motion passed unanimously with Sens. Buttars and Hickman absent for the vote.
3. S.B. 43 Administrative Rules Reauthorization (H. Stephenson)
Sen. Stephenson explained the bill.
MOTION: Sen. Buttars moved to pass the bill out favorably.
The motion passed unanimously.
4. H.B. 44 Declaration of Candidacy Revisions (G. Donnelson)
Rep. Donnelson explained the bill.
MOTION: Sen. McCoy moved to pass the bill out favorably.
The motion passed unanimously.
MOTION: At the request of the sponsor, Sen. Jenkins moved to place the bill on the Consent Calendar.
The motion passed unanimously.
5. H.B. 41 Campaign Report Amendments (S. Allen)
Rep. Allen explained the bill.
Michael Cragun, Deputy Chief of Staff, Lieutenant Governor's Office, spoke to the bill.
MOTION: Sen. Hickman moved the following amendment:
1. Page 13, Lines 382 through 389 :
382 Section 3. Section 20A-11-104 is enacted to read:
383 20A-11-104. Late financial statements -- Fees.
384 (1) The election officer shall assess the following administrative fees against any
385 person who fails to timely file a financial statement required by this chapter:
386 (a) an administrative fee of
{
$1,000
}
$100
for each late financial
statement; and
387
(b) for each late financial statement, an additional, daily administrative fee of
387
{
$50
}
$20
,
388 which shall be assessed for each calendar day that falls between the date the statement was due
389 and the date that the late statement is filed.
The motion passed with Sens. McCoy and Romero voting in opposition and Sen. Buttars absent for the vote.
Rob Latham, Chairman, Libertarian Party of Utah, spoke to the bill.
MOTION: Sen. Jenkins moved to pass the bill out favorably.
The motion passed unanimously with Sen. Buttars absent for the vote.
6. H.B. 49S1 Budget Reserve Account and Disaster Recovery Account Amendments (W. Harper)
Rep. Harper explained the bill.
MOTION: Sen. Hickman moved to pass the bill out favorably.
The motion passed unanimously with Sen. Buttars and Sen. Jenkins absent for the vote.
7. H.B. 238 Campaign Finance Filing Requirements (G. Hughes)
H.B. 238 was not considered.
MOTION: Sen. Romero moved to adjourn.
The motion passed unanimously.
Committee Chair Knudson adjourned the meeting at 4:32 p.m.
Minutes reported by Nedra Duzett, Secretary
Sen. Peter C. Knudson, Committee Chair