Immigration Amendments

42
13-2-11
13-47-102
17-72-802
34-50-102
52-4-205
53-13-106.13
53H-11-203
53H-11-414
63G-2-206
63G-2-305
63G-2-305.5
63G-12-101
63G-12-102
63G-12-103
63G-12-106
63G-12-201
63G-12-202
63G-12-203
63G-12-204
63G-12-205
63G-12-206
63G-12-207
63G-12-208
63G-12-209
63G-12-210
63G-12-211
63G-12-212
63G-12-301
63G-12-302
63G-12-303
63G-12-304
63G-12-305
63G-12-306
63G-12-401
63G-12-402
63G-14-101
63G-14-102
63G-14-201
63G-14-202
63G-14-203
63G-14-204
63G-14-205
63G-14-206
63G-14-301
63G-14-302
63I-2-213
63M-14-205
63N-16-201
67-5-22.7
76-14-207
76-14-209
0
Immigration Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lisa Shepherd
Senate Sponsor:
LONG TITLE
General Description:
This bill amends provisions relating to immigration.
Highlighted Provisions:
This bill:
repeals:
the Guest Worker Program and related employee verification provisions; and
the Utah Pilot Sponsored Resident Immigrant Program Act;
eliminates the repeal of the Private Employer Verification Act that is scheduled to occur
on the Guest Worker Program start date;
repeals the Identity Theft Victims Restricted Account that would have gone into effect on
the Guest Worker Program start date;
amends provisions regarding exceptions to verification of lawful presence for the receipt
of certain public assistance benefits; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-2-11
, as enacted by Laws of Utah 2024, Chapter 101
13-47-102
, as last amended by Laws of Utah 2014, Chapter 189
17-72-802
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
34-50-102
, as last amended by Laws of Utah 2023, Chapter 44
52-4-205
, as last amended by Laws of Utah 2025, Chapter 391
53-13-106.13
, as enacted by Laws of Utah 2024, Chapter 130
53H-11-203
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 8
53H-11-414
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 8
63G-2-206
, as last amended by Laws of Utah 2019, Chapter 334
63G-2-305
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
63G-2-305.5
, as last amended by Laws of Utah 2024, Chapter 135
63G-12-102
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
63G-12-103
, as last amended by Laws of Utah 2012, Chapter 369
63G-12-106
, as last amended by Laws of Utah 2025, Chapter 173
63G-12-401
, as last amended by Laws of Utah 2011, Chapter 20 and renumbered and
amended by Laws of Utah 2011, Chapter 18
63G-12-402
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
63I-2-213
, as last amended by Laws of Utah 2025, Chapter 277
63M-14-205
, as last amended by Laws of Utah 2024, Chapter 135
63N-16-201
, as last amended by Laws of Utah 2024, Chapters 135, 400
67-5-22.7
, as last amended by Laws of Utah 2025, Chapter 173
76-14-207
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-14-209
, as renumbered and amended by Laws of Utah 2025, Chapter 173
REPEALS:
63G-12-101
, as enacted by Laws of Utah 2011, Chapter 18
63G-12-201
, as enacted by Laws of Utah 2011, Chapter 18
63G-12-202
, as last amended by Laws of Utah 2016, Chapter 81
63G-12-203
, as enacted by Laws of Utah 2011, Chapter 18
63G-12-204
, as enacted by Laws of Utah 2011, Chapter 18
63G-12-205
, as enacted by Laws of Utah 2011, Chapter 18
63G-12-206
, as enacted by Laws of Utah 2011, Chapter 18
63G-12-207
, as enacted by Laws of Utah 2011, Chapter 18
63G-12-208
, as enacted by Laws of Utah 2011, Chapter 18
63G-12-209
, as last amended by Laws of Utah 2016, Chapter 144
63G-12-210
, as enacted by Laws of Utah 2011, Chapter 18
63G-12-211
, as enacted by Laws of Utah 2011, Chapter 18
63G-12-212
, as enacted by Laws of Utah 2011, Chapter 18
63G-12-301
, as enacted by Laws of Utah 2011, Chapter 18
63G-12-302
, as renumbered and amended by Laws of Utah 2011, Chapter 18
63G-12-303
, as enacted by Laws of Utah 2011, Chapter 18
63G-12-304
, as enacted by Laws of Utah 2011, Chapter 18
63G-12-305
, as enacted by Laws of Utah 2011, Chapter 18
63G-12-306
, as last amended by Laws of Utah 2022, Chapter 447
63G-14-101
, as enacted by Laws of Utah 2011, Chapter 20
63G-14-102
, as enacted by Laws of Utah 2011, Chapter 20
63G-14-201
, as last amended by Laws of Utah 2016, Chapter 81
63G-14-202
, as enacted by Laws of Utah 2011, Chapter 20
63G-14-203
, as enacted by Laws of Utah 2011, Chapter 20
63G-14-204
, as enacted by Laws of Utah 2011, Chapter 20
63G-14-205
, as enacted by Laws of Utah 2011, Chapter 20
63G-14-206
, as enacted by Laws of Utah 2011, Chapter 20
63G-14-301
, as enacted by Laws of Utah 2011, Chapter 20
63G-14-302
, as enacted by Laws of Utah 2011, Chapter 20
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
13-2-11
is amended to read:
13-2-11
. Publication of consumer complaints.
(1)
As used in this section:
(a)
"Consumer complaint" means a complaint that:
(i)
is provided to the division;
(ii)
alleges facts relating to conduct that the division regulates under Section
13-2-1
;
and
(iii)
may contain:
(A)
information that identifies a respondent; and
(B)
a narrative description of and information relevant to the conduct described in
Subsection
(1)(a)(ii)
.
(b)
"Consumer narrative" means the narrative description contained in a consumer
complaint as described in Subsection
(1)(a)(iii)(B)
.
(c)
"Filer" means a person who files a consumer complaint.
(d)
"Respondent" means a person against whom a filer files a consumer complaint.
(2)
(a)
A consumer complaint is a protected record as provided in Subsection
63G-2-305
(87)
63G-2-305(86)
.
(b)
In carrying out the division's duties, the division may not publicly disclose the
identity of a person the division investigates unless:
(i)
the person's identity becomes a matter of public record in an enforcement
proceeding; or
(ii)
the person consents to public disclosure.
(3)
Notwithstanding Subsection
(2)
:
(a)
the division may reclassify a consumer complaint as public if:
(i)
(A)
the consumer complaint is one of at least 10 consumer complaints filed with
the division against the same person, alleging the same or similar conduct, and
during the 12-month period immediately preceding the day on which the filer
files the consumer complaint;
(B)
the consumer complaint does not contain information that an agreement with
another state or federal agency or a condition of participation in an
investigation or litigation requires the division keep confidential;
(C)
the consumer complaint is not classified as controlled, private, or protected as
described in Sections
63G-2-302
through
63G-2-305
, for a reason other than
that identified by Subsection
63G-2-305
(87)
63G-2-305(86)
; and
(D)
access to the record is not restricted as described by Subsection
63G-2-201(3)(b)
; or
(ii)
the division takes public enforcement action against a respondent as a result of
the consumer complaint; and
(b)
the division may disclose a consumer complaint to the respondent.
(4)
In determining the number of complaints against the same person in accordance with
Subsection
(3)(a)(i)(A)
, the division may consider consumer complaints that are filed
against multiple entities under common ownership as consumer complaints against the
same person.
(5)
A respondent's initial, written response to a consumer complaint that is public under
Subsection
(3)
is a public record.
(6)
Before making a consumer complaint that is reclassified as public under Subsection
(3)
,
or a response described in Subsection
(5)
, available to the public, the division:
(a)
shall redact from the consumer complaint or the response any information that would
disclose:
(i)
the filer's:
(A)
address;
(B)
social security number;
(C)
bank account information;
(D)
email address; or
(E)
telephone number; or
(ii)
information similar in nature to the information described in Subsection
(6)(a)(i)
;
and
(b)
may redact the filer's name and any other information that could, in the division's
judgment, disclose the filer's identity.
(7)
If the division discloses the consumer complaint to the respondent as described in
Subsection
(3)(b)
, the division may redact the filer's:
(a)
bank account information;
(b)
social security number;
(c)
name and any other information that could, in the division's judgment, disclose the
filer's identity, if the filer requests anonymity; and
(d)
other information the disclosure of which constitutes a clearly unwarranted invasion
of personal privacy.
(8)
Nothing in this section precludes the division from disclosing a consumer complaint in
accordance with Section
63G-2-201
.
Section 2. Section
13-47-102
is amended to read:
13-47-102
. Definitions.
As used in this chapter:
(1)
"Department" means the Department of Commerce.
(2)
"Employee" means an individual:
(a)
who is hired to perform services in Utah; and
(b)
to whom a private employer provides a federal form required for federal taxation
purposes to report income paid to the individual for the services performed.
(3)
(a)
Except as provided in Subsection
(3)(b)
, "private
"Private
employer" means a
person who for federal taxation purposes is required to provide a federal form:
(i)
(a)
to an individual who performs services for the person in Utah; and
(ii)
(b)
to report income paid to the individual who performs the services.
(b)
"Private employer" does not mean a public employer as defined in Section
63G-12-102
.
(4)
(a)
"Status verification system" means an electronic system operated by the federal
government, through which an employer may inquire to verify the federal legal
working status of an individual who is a newly hired employee.
(b)
"Status verification system" includes:
(i)
the electronic verification of the work authorization program of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Sec.
1324a;
(ii)
a federal program equivalent to the program described in Subsection
(4)(b)(i)
that
is designated by the United States Department of Homeland Security or other
federal agency authorized to verify the employment eligibility status of a newly
hired employee
pursuant to
in accordance with
the Immigration Reform and
Control Act of 1986;
(iii)
the Social Security Number Verification Service or similar online verification
process implemented by the United States Social Security Administration; or
(iv)
an independent third-party system with an equal or higher degree of reliability as
the programs, systems, or processes described in Subsection
(4)(b)(i)
,
(ii)
, or
(iii)
.
Section 3. Section
17-72-802
is amended to read:
17-72-802
. Prohibition on providing copy of booking photograph -- Statement
required -- Victim access -- Criminal liability for false statement -- Remedy for failure to
remove or delete.
(1)
As used in this section:
(a)
"Booking photograph" means a photograph or image of an individual that is
generated:
(i)
for identification purposes; and
(ii)
when the individual is booked into a county jail.
(b)
"Publish-for-pay publication" or "publish-for-pay website" means a publication or
website that requires the payment of a fee or other consideration in order to remove
or delete a booking photograph from the publication or website.
(2)
(a)
A sheriff may not provide a copy of a booking photograph in any format to a
person requesting a copy of the booking photograph if:
(i)
the booking photograph will be placed in a publish-for-pay publication or posted
to a publish-for-pay website; or
(ii)
the booking photograph is a protected record under Subsection
63G-2-305(80)
63G-2-305(79)
.
(b)
(i)
A sheriff shall display a copy of a booking photograph to a person requesting to
view the booking photograph if:
(A)
(I)
the person making the request is an alleged victim of a crime that
resulted in the creation of the booking photograph; and
(II)
subject to Utah Rules of Evidence, Rule 617, the prosecuting agency with
jurisdiction consents to the request; or
(B)
if an alleged victim is deceased or incapacitated, the person making the
request is an immediate family member, guardian, or conservator of an alleged
victim of the crime that resulted in the creation of the booking photograph.
(ii)
A person entitled to view a booking photograph under Subsection
(2)(b)(i)
is not
permitted to:
(A)
retain the booking photograph;
(B)
make a copy, take a picture of, or otherwise reproduce the booking
photograph; or
(C)
disseminate or distribute the booking photograph.
(3)
(a)
A person who requests a copy of a booking photograph from a sheriff shall, at the
time of making the request, submit a statement signed by the person affirming that
the booking photograph will not be placed in a publish-for-pay publication or posted
to a publish-for-pay website.
(b)
A person who submits a false statement under Subsection
(3)(a)
is subject to criminal
liability as provided in Section
76-8-504
.
(4)
(a)
Except as provided in Subsection
(5)
, a publish-for-pay publication or a
publish-for-pay website shall remove and destroy a booking photograph of an
individual who submits a request for removal and destruction within 30 calendar days
after the day on which the individual makes the request.
(b)
A publish-for-pay publication or publish-for-pay website described in Subsection
(4)(a)
may not condition removal or destruction of the booking photograph on the
payment of a fee in an amount greater than $50.
(c)
If the publish-for-pay publication or publish-for-pay website described in Subsection
(4)(a)
does not remove and destroy the booking photograph in accordance with
Subsection
(4)(a)
, the publish-for-pay publication or publish-for-pay website is liable
for:
(i)
all costs, including reasonable attorney fees, resulting from any legal action the
individual brings in relation to the failure of the publish-for-pay publication or
publish-for-pay website to remove and destroy the booking photograph; and
(ii)
a civil penalty of $50 per day for each day after the 30-day deadline described in
Subsection
(4)(a)
on which the booking photograph is visible or publicly
accessible in the publish-for-pay publication or on the publish-for-pay website.
(5)
(a)
A publish-for-pay publication or a publish-for-pay website shall remove and
destroy a booking photograph of an individual who submits a request for removal and
destruction within seven calendar days after the day on which the individual makes
the request if:
(i)
the booking photograph relates to a criminal charge:
(A)
on which the individual was acquitted or not prosecuted; or
(B)
that was expunged, vacated, or pardoned; and
(ii)
the individual submits, in relation to the request, evidence of a disposition
described in Subsection
(5)(a)(i)
.
(b)
If the publish-for-pay publication or publish-for-pay website described in Subsection
(5)(a)
does not remove and destroy the booking photograph in accordance with
Subsection
(5)(a)
, the publish-for-pay publication or publish-for-pay website is liable
for:
(i)
all costs, including reasonable attorney fees, resulting from any legal action that
the individual brings in relation to the failure of the publish-for-pay publication or
publish-for-pay website to remove and destroy the booking photograph; and
(ii)
a civil penalty of $100 per day for each day after the seven-day deadline
described in Subsection
(5)(a)
on which the booking photograph is visible or
publicly accessible in the publish-for-pay publication or on the publish-for-pay
website.
(c)
An act of a publish-for-pay publication or publish-for-pay website described in
Subsection
(5)(a)
that seeks to condition removal or destruction of the booking
photograph on the payment of any fee or amount constitutes theft by extortion under
Section
76-6-406
.
Section 4. Section
34-50-102
is amended to read:
34-50-102
. Definitions.
As used in this chapter:
(1)
"Department" means the Department of Veterans and Military Affairs, created in
Section
71A-1-201
.
(2)
"Discharge document" means a document received by a service member upon
separation from military service, including:
(a)
a DD 214, United States Department of Defense Certificate of Release or Discharge
from Active Duty;
(b)
a DD 256, United States Department of Defense Honorable Discharge Certificate;
(c)
a DD 257, United States General Discharge Certificate; or
(d)
an NGB 22, Utah National Guard Certificate of Release or Discharge.
(3)
"Employee" means an individual employed by an employer under a contract for hire.
(4)
"Employer" means a person who has one or more employees employed in the same
business, or in or about the same establishment, under any contract of hire, express or
implied, oral or written.
(3)
(5)
"Preference eligible" means the same as that term is defined in Section
71A-2-101
.
(4)
(6)
"Private employer" means
the same as that term is defined in Section
63G-12-102
an employer who is not the federal government or a public employer
.
(7)
"Public employer" means an employer that is:
(a)
the state of Utah or any administrative subunit of the state;
(b)
an institution of higher education, as that term is defined in Section
53H-1-101
;
(c)
a political subdivision of the state including a county, city, town, school district,
special district, or special service district; or
(d)
an administrative subunit of a political subdivision.
(5)
(8)
"Service member" means a currently serving member of the armed forces.
(6)
(9)
"Veteran" means the same as that term is defined in Section
68-3-12.5
.
Section 5. Section
52-4-205
is amended to read:
52-4-205
. Purposes of closed meetings -- Certain issues prohibited in closed
meetings.
(1)
A closed meeting described under Section
52-4-204
may only be held for:
(a)
except as provided in Subsection
(3)
, discussion of the character, professional
competence, or physical or mental health of an individual;
(b)
strategy sessions to discuss collective bargaining;
(c)
strategy sessions to discuss pending or reasonably imminent litigation;
(d)
strategy sessions to discuss the purchase, exchange, or lease of real property,
including any form of a water right or water shares, or to discuss a proposed
development agreement, project proposal, or financing proposal related to the
development of land owned by the state or a political subdivision, if public
discussion would:
(i)
disclose the appraisal or estimated value of the property under consideration; or
(ii)
prevent the public body from completing the transaction on the best possible
terms;
(e)
strategy sessions to discuss the sale of real property, including any form of a water
right or water shares, if:
(i)
public discussion of the transaction would:
(A)
disclose the appraisal or estimated value of the property under consideration;
or
(B)
prevent the public body from completing the transaction on the best possible
terms;
(ii)
the public body previously gave public notice that the property would be offered
for sale; and
(iii)
the terms of the sale are publicly disclosed before the public body approves the
sale;
(f)
discussion regarding deployment of security personnel, devices, or systems;
(g)
investigative proceedings regarding allegations of criminal misconduct;
(h)
as relates to the Independent Legislative Ethics Commission, conducting business
relating to the receipt or review of ethics complaints;
(i)
as relates to an ethics committee of the Legislature, a purpose permitted under
Section
52-4-204
;
(j)
as relates to the Independent Executive Branch Ethics Commission created in Section
63A-14-202
, conducting business relating to an ethics complaint;
(k)
as relates to a county legislative body, discussing commercial information as defined
in Section
59-1-404
;
(l)
as relates to the Utah Higher Education Savings Board of Trustees and its appointed
board of directors, discussing fiduciary or commercial information;
(m)
deliberations, not including any information gathering activities, of a public body
acting in the capacity of:
(i)
an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
during the process of evaluating responses to a solicitation, as defined in Section
63G-6a-103
;
(ii)
a protest officer, defined in Section
63G-6a-103
, during the process of making a
decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
(iii)
a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part
17, Procurement Appeals Board;
(n)
the purpose of considering information that is designated as a trade secret, as defined
in Section
13-24-2
, if the public body's consideration of the information is necessary
to properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement
Code;
(o)
the purpose of discussing information provided to the public body during the
procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the
time of the meeting:
(i)
the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
disclosed to a member of the public or to a participant in the procurement process;
and
(ii)
the public body needs to review or discuss the information to properly fulfill its
role and responsibilities in the procurement process;
(p)
as relates to the governing board of a governmental nonprofit corporation, as that
term is defined in Section
11-13a-102
, the purpose of discussing information that is
designated as a trade secret, as that term is defined in Section
13-24-2
, if:
(i)
public knowledge of the discussion would reasonably be expected to result in
injury to the owner of the trade secret; and
(ii)
discussion of the information is necessary for the governing board to properly
discharge the board's duties and conduct the board's business;
(q)
as it relates to the Cannabis Production Establishment Licensing Advisory Board, to
review confidential information regarding violations and security requirements in
relation to the operation of cannabis production establishments;
(r)
considering a loan application, if public discussion of the loan application would
disclose:
(i)
nonpublic personal financial information; or
(ii)
a nonpublic trade secret, as defined in Section
13-24-2
, or nonpublic business
financial information the disclosure of which would reasonably be expected to
result in unfair competitive injury to the person submitting the information;
(s)
a discussion of the board of the Point of the Mountain State Land Authority, created
in Section
11-59-201
, regarding a potential tenant of point of the mountain state land,
as defined in Section
11-59-102
; or
(t)
a purpose for which a meeting is required to be closed under Subsection
(2)
.
(2)
The following meetings shall be closed:
(a)
a meeting of the Health and Human Services Interim Committee to review a report
described in Subsection
26B-1-506(1)(a)
, and a response to the report described in
Subsection
26B-1-506(2)
;
(b)
a meeting of the Child Welfare Legislative Oversight Panel to:
(i)
review a report described in Subsection
26B-1-506(1)(a)
, and a response to the
report described in Subsection
26B-1-506(2)
; or
(ii)
review and discuss an individual case, as described in Section
36-33-103
;
(c)
a meeting of a conservation district as defined in Section
17D-3-102
for the purpose
of advising the Natural Resource Conservation Service of the United States
Department of Agriculture on a farm improvement project if the discussed
information is protected information under federal law;
(d)
a meeting of the Compassionate Use Board established in Section
26B-1-421
for the
purpose of reviewing petitions for a medical cannabis card in accordance with
Section
26B-1-421
;
(e)
a meeting of the Colorado River Authority of Utah if:
(i)
the purpose of the meeting is to discuss an interstate claim to the use of the water
in the Colorado River system; and
(ii)
failing to close the meeting would:
(A)
reveal the contents of a record classified as protected under Subsection
63G-2-305(81)
63G-2-305(80)
;
(B)
reveal a legal strategy relating to the state's claim to the use of the water in the
Colorado River system;
(C)
harm the ability of the Colorado River Authority of Utah or river
commissioner to negotiate the best terms and conditions regarding the use of
water in the Colorado River system; or
(D)
give an advantage to another state or to the federal government in negotiations
regarding the use of water in the Colorado River system;
(f)
a meeting of the General Regulatory Sandbox Program Advisory Committee if:
(i)
the purpose of the meeting is to discuss an application for participation in the
regulatory sandbox as defined in Section
63N-16-102
; and
(ii)
failing to close the meeting would reveal the contents of a record classified as
protected under Subsection
63G-2-305(82)
63G-2-305(81)
;
(g)
a meeting of a project entity if:
(i)
the purpose of the meeting is to conduct a strategy session to discuss market
conditions relevant to a business decision regarding the value of a project entity
asset if the terms of the business decision are publicly disclosed before the
decision is finalized and a public discussion would:
(A)
disclose the appraisal or estimated value of the project entity asset under
consideration; or
(B)
prevent the project entity from completing on the best possible terms a
contemplated transaction concerning the project entity asset;
(ii)
the purpose of the meeting is to discuss a record, the disclosure of which could
cause commercial injury to, or confer a competitive advantage upon a potential or
actual competitor of, the project entity;
(iii)
the purpose of the meeting is to discuss a business decision, the disclosure of
which could cause commercial injury to, or confer a competitive advantage upon a
potential or actual competitor of, the project entity; or
(iv)
failing to close the meeting would prevent the project entity from getting the best
price on the market; and
(h)
a meeting of the Rules Review and General Oversight Committee to review and
discuss:
(i)
an individual child welfare case as described in Subsection
36-35-102(3)(c)
; or
(ii)
information that is subject to a confidentiality agreement as described in
Subsection
36-35-102(3)(c)
.
(3)
In a closed meeting, a public body may not:
(a)
interview a person applying to fill an elected position;
(b)
discuss filling a midterm vacancy or temporary absence governed by Title 20A,
Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in
Elected Office; or
(c)
discuss the character, professional competence, or physical or mental health of the
person whose name was submitted for consideration to fill a midterm vacancy or
temporary absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and
Vacancy and Temporary Absence in Elected Office.
Section 6. Section
53-13-106.13
is amended to read:
53-13-106.13
. Notification requirement for federal officers before the release of
an alien within the state.
(1)
As used in this section:
(a)
(i)
"Alien" means an individual who is illegally present in the United States.
(ii)
"Alien" does not include a permit holder as that term is defined in Section
63G-12-102
.
(b)
"Custody" means in the physical and legal custody of a federal law enforcement
agency.
(c)
"Federal law enforcement agency" means an entity or division of the federal
government that exists primarily to:
(i)
prevent and detect crime and enforce criminal laws, statutes, and ordinances; or
(ii)
enforce federal immigration laws.
(d)
"Federal officer" means an individual:
(i)
who works for a federal law enforcement agency; and
(ii)
whose duties consist of the investigation and enforcement of federal laws.
(2)
A federal officer may not release an alien from custody within the state unless the
federal officer provides written notice three business days before the release to:
(a)
the attorney general or the attorney general's designee; and
(b)
the county sheriff or the county sheriff's designee of the county in which the release
is to take place.
(3)
In providing the written notice under Subsection
(2)(b)
, the federal officer shall also
provide:
(a)
the specific address or location where the alien will be released;
(b)
the date and time at which the alien will be released; and
(c)
whether the federal officer is aware of any outstanding criminal warrants concerning
the alien who will be released.
Section 7. Section
53H-11-203
is amended to read:
53H-11-203
. Resident tuition -- Requirements -- Rules.
(1)
If allowed under federal law, a student, other than a nonimmigrant alien within the
meaning of
paragraph (15) of subsection
(a)
of Section 1101 of Title 8 of the United
States Code
8 U.S.C. Sec. 1101(a)(15)
, shall be exempt from paying the nonresident
portion of total tuition if the student:
(a)
attended high school in this state for three or more years;
(b)
graduated from a high school in this state or received the equivalent of a high school
diploma in this state; and
(c)
registers as an entering student at an institution of higher education.
(2)
In addition to the requirements under Subsection
(1)
, a student without lawful
immigration status shall file an affidavit with the institution of higher education stating
that the student has filed an application to legalize his immigration status, or will file an
application as soon as he is eligible to do so.
(3)
(2)
The board shall make rules for the implementation of this section.
(4)
(3)
Nothing in this section limits the ability of institutions of higher education to assess
nonresident tuition on students who do not meet the requirements under this section.
Section 8. Section
53H-11-414
is amended to read:
53H-11-414
. Utah Promise Program.
(1)
As used in this section:
(a)
(i)
"Cost of attendance" means the estimated costs associated with attending a
Utah postsecondary institution, as established by the Utah postsecondary
institution in accordance with board policies.
(ii)
"Cost of attendance" includes costs payable to the Utah postsecondary institution,
other direct educational expenses, transportation, and living expenses while
attending the Utah postsecondary institution.
(b)
"Eligible student" means a financially needy student who is:
(i)
unconditionally admitted to and enrolled at a Utah postsecondary institution on at
least a half-time basis, as defined by the board, in an eligible postsecondary
program leading to a defined education or training objective, as defined by the
board;
(ii)
making satisfactory academic progress, as defined by the Utah postsecondary
institution in published policies or rules, toward an education or training objective;
(iii)
(A)
a resident student under Section
53H-11-202
and rules of the board;
or
and
(B)
exempt from paying the nonresident portion of total tuition under Section
53H-11-203
; and
(iv)
not a graduate student.
(c)
"Financially needy student" means a student who demonstrates the financial inability
to meet all or a portion of the cost of attendance at a Utah postsecondary institution
for any period of attendance as defined by the board, after considering the student's
expected family contribution.
(d)
"Fiscal year" means the fiscal year of the state.
(e)
"Partner award" means a financial award described in this section.
(f)
"Program" means the Utah Promise Program.
(g)
"Promise partner" means an employer that participates in the program described in
this section.
(h)
"Utah postsecondary institution" means:
(i)
an institution of higher education; or
(ii)
a Utah private, nonprofit postsecondary educational institution.
(2)
The Legislature finds that:
(a)
the prosperity, economic success, and general welfare of the people of Utah and of
the state are directly related to the educational levels and skills of the citizens of the
state; and
(b)
financial assistance, to bridge the gap between a financially needy student's resources
and the cost of attendance at a Utah postsecondary institution, is a necessary
component for ensuring access to postsecondary education and training.
(3)
There is created the Utah Promise Program to provide financial assistance to students.
(4)
The board shall annually submit an electronic report to the Higher Education
Appropriations Subcommittee regarding the Utah Promise Program.
(5)
(a)
As part of the Utah Promise Program and in accordance with this section, the
board shall allocate available money to each Utah postsecondary institution to use to
award promise grants to eligible students to pay the eligible student's cost of
attendance.
(b)
An eligible student may apply for a promise grant in accordance with procedures
established by board rule.
(c)
The amount of a promise grant to an eligible student may not exceed the amount
equal to the difference between:
(i)
the eligible student's cost of attendance; and
(ii)
the total value of other financial aid that the eligible student receives toward the
eligible student's cost of attendance.
(d)
An eligible student may transfer a promise grant to one or more other Utah
postsecondary institutions.
(6)
In administering this section, the board shall use a packaging approach that ensures that
Utah postsecondary institutions combine loans, grants, employment, and family and
individual contributions toward financing the cost of attendance.
(7)
In accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act, the
board shall make rules establishing:
(a)
an application process;
(b)
eligibility criteria, including:
(i)
criteria related to academic achievement and enrollment status; and
(ii)
a requirement that an applicant demonstrate completion of the Free Application
for Federal Student Aid, unless the student or the student's parent opts out in
accordance with board rule;
(c)
how a student demonstrates financial need;
(d)
a formula to determine the allocation of money to Utah postsecondary institutions in
accordance with Subsection
(5)
, taking into account:
(i)
the cost of attendance for programs offered by Utah postsecondary institutions; and
(ii)
the number of eligible students who attend each Utah postsecondary institution;
and
(e)
a methodology for prioritizing award of promise grants based primarily on financial
need.
(8)
A student is eligible for a promise grant until the student:
(a)
earns a first bachelor's degree; or
(b)
completes 120 credit hours.
(9)
The board or a Utah postsecondary institution may not represent to a recipient or a
potential recipient of a promise grant that promise grants will remain available in
perpetuity.
(10)
(a)
The board may require a Utah postsecondary institution to enter into a
participation agreement before the Utah postsecondary institution may award promise
grants.
(b)
In a participation agreement, the board shall include a requirement that the Utah
postsecondary institution:
(i)
provide to the board information necessary to administer the promise grants;
(ii)
comply with this section and board rules related to the promise grants;
(iii)
submit reports related to the promise grants as required by board rule; and
(iv)
cooperate in any review or financial audit related to the promise grants that the
board determines necessary.
(11)
(a)
The board may use up to 2% of the money appropriated for promise grants for
costs related to administering the promise grants.
(b)
A Utah postsecondary institution may use up to 3% of the money the Utah
postsecondary institution receives for promise grants for costs related to
administering the promise grants.
(12)
The board may supplement state appropriations for the program with private
contributions.
(13)
As part of the Utah Promise Program, the board may select employers to be promise
partners.
(14)
The board may select an employer as a promise partner if the employer:
(a)
applies to the board to be a promise partner; and
(b)
meets other requirements established by the board in the rules described in
Subsection
(18)
.
(15)
An individual employed by, or who is a dependent of an employee of, a promise
partner is eligible to receive a partner award if the individual:
(a)
applies for a partner award;
(b)
is admitted to and enrolled in a Utah postsecondary institution; and
(c)
maintains the eligibility requirements described in this Subsection
(15)
for the full
length of time the individual receives the partner award.
(16)
(a)
Subject to legislative appropriations and Subsection
(16)(b)
, the board shall
award a partner award to an individual who meets the requirements described in
Subsection
(15)
.
(b)
The board may:
(i)
award a partner award for up to the portion of tuition and fees for a program at a
Utah postsecondary institution that is not covered by a promise partnership
described in Subsection
(18)(a)
; and
(ii)
prioritize awarding partner awards if an appropriation for partner awards is not
sufficient to provide a partner award to each individual who is eligible under
Subsection
(15)
.
(c)
The board may continue to award a partner award to a recipient who meets the
requirements described in Subsection
(15)
until the earlier of:
(i)
four years after the day on which the individual initially receives a partner award;
(ii)
when the recipient uses a partner award to attend a Utah postsecondary institution
for eight semesters; or
(iii)
when the recipient completes an approved program.
(17)
The board may name a specific promise grant after the donating business.
(18)
In accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act, the
board shall make rules that establish:
(a)
a process for a business to seek and receive approval from the board to become a
promise partner, including providing funds for tuition and fees to be distributed under
the Utah Promise Program;
(b)
a process for an individual to apply for a partner award; and
(c)
criteria for the board to prioritize awarding partner awards to individuals.
(19)
The board may allow an individual to apply directly to the board for a partner award.
Section 9. Section
63G-2-206
is amended to read:
63G-2-206
. Sharing records.
(1)
A governmental entity may provide a record that is private, controlled, or protected to
another governmental entity, a government-managed corporation, a political
subdivision, the federal government, or another state if the requesting entity:
(a)
serves as a repository or archives for purposes of historical preservation,
administrative maintenance, or destruction;
(b)
enforces, litigates, or investigates civil, criminal, or administrative law, and the
record is necessary to a proceeding or investigation;
(c)
is authorized by state statute to conduct an audit and the record is needed for that
purpose;
(d)
is one that collects information for presentence, probationary, or parole purposes; or
(e)
(i)
is:
(A)
the Legislature;
(B)
a legislative committee;
(C)
a member of the Legislature; or
(D)
a legislative staff member acting at the request of the Legislature, a legislative
committee, or a member of the Legislature; and
(ii)
requests the record in relation to the Legislature's duties including:
(A)
the preparation or review of a legislative proposal or legislation;
(B)
appropriations; or
(C)
an investigation or review conducted by the Legislature or a legislative
committee.
(2)
(a)
A governmental entity may provide a private, controlled, or protected record or
record series to another governmental entity, a political subdivision, a
government-managed corporation, the federal government, or another state if the
requesting entity provides written assurance:
(i)
that the record or record series is necessary to the performance of the
governmental entity's duties and functions;
(ii)
that the record or record series will be used for a purpose similar to the purpose
for which the information in the record or record series was collected or obtained;
and
(iii)
that the use of the record or record series produces a public benefit that is greater
than or equal to the individual privacy right that protects the record or record
series.
(b)
A governmental entity may provide a private, controlled, or protected record or
record series to a contractor or a private provider according to the requirements of
Subsection
(6)(b)
.
(3)
(a)
A governmental entity shall provide a private, controlled, or protected record to
another governmental entity, a political subdivision, a government-managed
corporation, the federal government, or another state if the requesting entity:
(i)
is entitled by law to inspect the record;
(ii)
is required to inspect the record as a condition of participating in a state or federal
program or for receiving state or federal funds; or
(iii)
is an entity described in Subsection
(1)(a)
,
(b)
,
(c)
,
(d)
, or
(e)
.
(b)
Subsection
(3)(a)(iii)
applies only if the record is a record described in Subsection
63G-2-305(4)
.
(4)
Before disclosing a record or record series under this section to another governmental
entity, another state, the United States, a foreign government, or to a contractor or
private provider, the originating governmental entity shall:
(a)
inform the recipient of the record's classification and the accompanying restrictions
on access; and
(b)
if the recipient is not a governmental entity to which this chapter applies, obtain the
recipient's written agreement which may be by mechanical or electronic transmission
that it will abide by those restrictions on access unless a statute, federal regulation, or
interstate agreement otherwise governs the sharing of the record or record series.
(5)
A governmental entity may disclose a record to another state, the United States, or a
foreign government for the reasons listed in Subsections
(1)
and
(2)
without complying
with the procedures of Subsection
(2)
or
(4)
if disclosure is authorized by executive
agreement, treaty, federal statute, compact, federal regulation, or state statute.
(6)
(a)
Subject to Subsections
(6)(b)
and
(c)
, an entity receiving a record under this
section is subject to the same restrictions on disclosure of the record as the
originating entity.
(b)
A contractor or a private provider may receive information under this section only if:
(i)
the contractor or private provider's use of the record or record series produces a
public benefit that is greater than or equal to the individual privacy right that
protects the record or record series;
(ii)
the record or record series it requests:
(A)
is necessary for the performance of a contract with a governmental entity;
(B)
will only be used for the performance of the contract with the governmental
entity;
(C)
will not be disclosed to any other person; and
(D)
will not be used for advertising or solicitation purposes; and
(iii)
the contractor or private provider gives written assurance to the governmental
entity that is providing the record or record series that it will adhere to the
restrictions of this Subsection
(6)(b)
.
(c)
The classification of a record already held by a governmental entity and the
applicable restrictions on disclosure of that record are not affected by the
governmental entity's receipt under this section of a record with a different
classification that contains information that is also included in the previously held
record.
(7)
Notwithstanding any other provision of this section, if a more specific court rule or
order, state statute, federal statute, or federal regulation prohibits or requires sharing
information, that rule, order, statute, or federal regulation controls.
(8)
(a)
The following records may not be shared under this section:
(i)
records held by the Division of Oil, Gas, and Mining that pertain to any person
and that are gathered under authority of
Title 40, Chapter 6, Board and Division of
Oil, Gas, and Mining
;
and
(ii)
except as provided in Subsection
(8)(b)
, records of publicly funded libraries as
described in Subsection
63G-2-302(1)(c)
; and
.
(iii)
a record described in Section
63G-12-210
.
(b)
A publicly funded library may share a record that is a private record under
Subsection
63G-2-302(1)(c)
with a law enforcement agency, as defined in Section
53-1-102
, if:
(i)
the record is a video surveillance recording of the library premises; and
(ii)
the law enforcement agency certifies in writing that:
(A)
the law enforcement agency believes that the record will provide important
information for a pending investigation into criminal or potentially criminal
behavior; and
(B)
the law enforcement agency's receipt of the record will assist the agency to
prevent imminent harm to an individual or imminent and substantial damage to
property.
(9)
Records that may evidence or relate to a violation of law may be disclosed to a
government prosecutor, peace officer, or auditor.
Section 10. Section
63G-2-305
is amended to read:
63G-2-305
. Protected records.
The following records are protected if properly classified by a governmental entity:
(1)
trade secrets as defined in Section
13-24-2
if the person submitting the trade secret has
provided the governmental entity with the information specified in Section
63G-2-309
;
(2)
commercial information or nonindividual financial information obtained from a person
if:
(a)
disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the
ability of the governmental entity to obtain necessary information in the future;
(b)
the person submitting the information has a greater interest in prohibiting access than
the public in obtaining access; and
(c)
the person submitting the information has provided the governmental entity with the
information specified in Section
63G-2-309
;
(3)
commercial or financial information acquired or prepared by a governmental entity to
the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or
cause substantial financial injury to the governmental entity or state economy;
(4)
records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project
entity as defined in Subsection
11-13-103(4)
;
(5)
test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6)
records, the disclosure of which would impair governmental procurement proceedings
or give an unfair advantage to any person proposing to enter into a contract or agreement
with a governmental entity, except, subject to Subsections
(1)
and
(2)
, that this
Subsection
(6)
does not restrict the right of a person to have access to, after the contract
or grant has been awarded and signed by all parties:
(a)
a bid, proposal, application, or other information submitted to or by a governmental
entity in response to:
(i)
an invitation for bids;
(ii)
a request for proposals;
(iii)
a request for quotes;
(iv)
a grant; or
(v)
other similar document; or
(b)
an unsolicited proposal, as defined in Section
63G-6a-712
;
(7)
information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections
(1)
and
(2)
, that this Subsection
(7)
does not
restrict the right of a person to have access to the information, after:
(a)
a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b)
(i)
a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii)
at least two years have passed after the day on which the request for information
is issued;
(8)
records that would identify real property or the appraisal or estimated value of real or
personal property, including intellectual property, under consideration for public
acquisition before any rights to the property are acquired unless:
(a)
public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b)
the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c)
in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the
property;
(d)
in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's
estimated value of the property; or
(e)
the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations
to acquire the property as required under Section
78B-6-505
;
(9)
records prepared in contemplation of sale, exchange, lease, rental, or other compensated
transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated
value of the subject property, unless:
(a)
the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial
benefit of the transaction; or
(b)
when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not
employed by or under a duty of confidentiality to the entity;
(10)
records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration
purposes, if release of the records:
(a)
reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b)
reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c)
would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d)
reasonably could be expected to disclose the identity of a source who is not generally
known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known
outside of government if disclosure would compromise the source; or
(e)
reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if
disclosure would interfere with enforcement or audit efforts;
(11)
records the disclosure of which would jeopardize the life or safety of an individual;
(12)
records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from
damage, theft, or other appropriation or use contrary to law or public policy;
(13)
records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would
interfere with the control and supervision of an offender's incarceration, treatment,
probation, or parole;
(14)
records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections,
the Board of Pardons and Parole, or the Department of Health and Human Services that
are based on the employee's or contractor's supervision, diagnosis, or treatment of any
person within the board's jurisdiction;
(15)
records and audit workpapers that identify audit, collection, and operational procedures
and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16)
records of a governmental audit agency relating to an ongoing or planned audit until
the final audit is released;
(17)
records that are subject to the attorney client privilege;
(18)
records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a
judicial, quasi-judicial, or administrative proceeding;
(19)
(a)
(i)
personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii)
notwithstanding Subsection
(19)(a)(i)
, correspondence that gives notice of
legislative action or policy may not be classified as protected under this section;
and
(b)
(i)
an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A)
members of a legislative body;
(B)
a member of a legislative body and a member of the legislative body's staff; or
(C)
members of a legislative body's staff; and
(ii)
notwithstanding Subsection
(19)(b)(i)
, a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20)
(a)
records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's
contemplated legislation or contemplated course of action before the legislator has
elected to support the legislation or course of action, or made the legislation or course
of action public; and
(b)
notwithstanding Subsection
(20)(a)
, the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a
legislator asks that the records requesting the legislation be maintained as protected
records until such time as the legislator elects to make the legislation or course of
action public;
(21)
a research request from a legislator to a legislative staff member and research findings
prepared in response to the request;
(22)
drafts, unless otherwise classified as public;
(23)
records concerning a governmental entity's strategy about:
(a)
collective bargaining; or
(b)
imminent or pending litigation;
(24)
records of investigations of loss occurrences and analyses of loss occurrences that may
be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25)
records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion
of personal privacy, or disclosure is not in the public interest;
(26)
records that reveal the location of historic, prehistoric, paleontological, or biological
resources that if known would jeopardize the security of those resources or of valuable
historic, scientific, educational, or cultural information;
(27)
records of independent state agencies if the disclosure of the records would conflict
with the fiduciary obligations of the agency;
(28)
records of an institution of higher education defined in Section
53H-1-101
regarding
tenure evaluations, appointments, applications for admissions, retention decisions, and
promotions, which could be properly discussed in a meeting closed in accordance with
Title
52, Chapter 4
, Open and Public Meetings Act, provided that records of the final
decisions about tenure, appointments, retention, promotions, or those students admitted,
may not be classified as protected under this section;
(29)
records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's
contemplated policies or contemplated courses of action before the governor has
implemented or rejected those policies or courses of action or made them public;
(30)
records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31)
records provided by the United States or by a government entity outside the state that
are given to the governmental entity with a requirement that they be managed as
protected records if the providing entity certifies that the record would not be subject to
public disclosure if retained by it;
(32)
transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
public body except as provided in Section
52-4-206
;
(33)
records that would reveal the contents of settlement negotiations but not including final
settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34)
memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of
any other body charged by law with performing a quasi-judicial function;
(35)
records that would reveal negotiations regarding assistance or incentives offered by or
requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm
to the person or place the governmental entity at a competitive disadvantage, but this
section may not be used to restrict access to a record evidencing a final contract;
(36)
materials to which access must be limited for purposes of securing or maintaining the
governmental entity's proprietary protection of intellectual property rights including
patents, copyrights, and trade secrets;
(37)
the name of a donor or a prospective donor to a governmental entity, including an
institution of higher education defined in Section
53H-1-101
, and other information
concerning the donation that could reasonably be expected to reveal the identity of the
donor, provided that:
(a)
the donor requests anonymity in writing;
(b)
any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection
(37)
; and
(c)
except for an institution of higher education defined in Section
53H-1-101
, the
governmental unit to which the donation is made is primarily engaged in educational,
charitable, or artistic endeavors, and has no regulatory or legislative authority over
the donor, a member of the donor's immediate family, or any entity owned or
controlled by the donor or the donor's immediate family;
(38)
accident reports, except as provided in Sections
41-6a-404
,
41-12a-202
, and
73-18-13
;
(39)
a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40)
subject to Subsections
(40)(g)
and
(h)
, the following records of an institution of higher
education defined in Section
53H-1-101
, which have been developed, discovered,
disclosed to, or received by or on behalf of faculty, staff, employees, or students of the
institution:
(a)
unpublished lecture notes;
(b)
unpublished notes, data, and information:
(i)
relating to research; and
(ii)
of:
(A)
the institution of higher education defined in Section
53H-1-101
; or
(B)
a sponsor of sponsored research;
(c)
unpublished manuscripts;
(d)
creative works in process;
(e)
scholarly correspondence;
and
(f)
confidential information contained in research proposals;
(g)
this Subsection
(40)
may not be construed to prohibit disclosure of public
information required
pursuant to
in accordance with
Subsection
53H-14-202(2)(a)

or (b); and
(h)
this Subsection
(40)
may not be construed to affect the ownership of a record;
(41)
(a)
records in the custody or control of the Office of the Legislative Auditor General
that would reveal the name of a particular legislator who requests a legislative audit
prior to the date that audit is completed and made public; and
(b)
notwithstanding Subsection
(41)(a)
, a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator
asks that the records in the custody or control of the Office of the Legislative Auditor
General that would reveal the name of a particular legislator who requests a
legislative audit be maintained as protected records until the audit is completed and
made public;
(42)
records that provide detail as to the location of an explosive, including a map or other
document that indicates the location of:
(a)
a production facility; or
(b)
a magazine;
(43)
information contained in the statewide database of the Division of Aging and Adult
Services created by Section
26B-6-210
;
(44)
information contained in the Licensing Information System described in Title
80,
Chapter 2
, Child Welfare Services;
(45)
information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46)
records provided by any pawn or secondhand business to a law enforcement agency or
to the central database in compliance with Title
13, Chapter 32a
, Pawnshop, Secondhand
Merchandise, and Catalytic Converter Transaction Information Act;
(47)
information regarding food security, risk, and vulnerability assessments performed by
the Department of Agriculture and Food;
(48)
except to the extent that the record is exempt from this chapter
pursuant to
in
accordance with
Section
63G-2-106
, records related to an emergency plan or program, a
copy of which is provided to or prepared or maintained by the Division of Emergency
Management, and the disclosure of which would jeopardize:
(a)
the safety of the general public; or
(b)
the security of:
(i)
governmental property;
(ii)
governmental programs; or
(iii)
the property of a private person who provides the Division of Emergency
Management information;
(49)
records of the Department of Agriculture and Food that provides for the identification,
tracing, or control of livestock diseases, including any program established under Title
4, Chapter 24
, Utah Livestock Brand and Anti-Theft Act, or Title
4, Chapter 31
, Control
of Animal Disease;
(50)
as provided in Section
26B-2-709
:
(a)
information or records held by the Department of Health and Human Services related
to a complaint regarding a provider, program, or facility which the department is
unable to substantiate; and
(b)
information or records related to a complaint received by the Department of Health
and Human Services from an anonymous complainant regarding a provider, program,
or facility;
(51)
unless otherwise classified as public under Section
63G-2-301
and except as provided
under Section
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a)
the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b)
the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i)
the nature of the law, ordinance, rule, or order; and
(ii)
the individual complying with the law, ordinance, rule, or order;
(52)
the portion of the following documents that contains a candidate's residential or
mailing address, if the candidate provides to the filing officer another address or phone
number where the candidate may be contacted:
(a)
a declaration of candidacy, a nomination petition, or a certificate of nomination,
described in Section
20A-9-201
,
20A-9-202
,
20A-9-203
,
20A-9-404
,
20A-9-405
,
20A-9-408
,
20A-9-408.5
,
20A-9-502
, or
20A-9-601
;
(b)
an affidavit of impecuniosity, described in Section
20A-9-201
; or
(c)
a notice of intent to gather signatures for candidacy, described in Section
20A-9-408
;
(53)
the name, home address, work addresses, and telephone numbers of an individual that
is engaged in, or that provides goods or services for, medical or scientific research that is:
(a)
conducted within the state system of higher education, as described in Section
53H-1-102
; and
(b)
conducted using animals;
(54)
in accordance with Section
78A-12-203
, any record of the Judicial Performance
Evaluation Commission concerning an individual commissioner's vote, in relation to
whether a judge meets or exceeds minimum performance standards under Subsection
78A-12-203(4)
, and information disclosed under Subsection
78A-12-203(5)(e)
;
(55)
information collected and a report prepared by the Judicial Performance Evaluation
Commission concerning a judge, unless Section
20A-7-702
or Title
78A, Chapter 12
,
Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
public, the information or report;
(56)
records provided or received by the Public Lands Policy Coordinating Office in
furtherance of any contract or other agreement made in accordance with Section
63L-11-202
;
(57)
information requested by and provided to the 911 Division under Section
63H-7a-302
;
(58)
in accordance with Section
73-10-33
:
(a)
a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b)
an outline of an emergency response plan in possession of the state or a county or
municipality;
(59)
the following records in the custody or control of the Office of Inspector General of
Medicaid Services, created in Section
63A-13-201
:
(a)
records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information
or allegation cannot be corroborated by the Office of Inspector General of Medicaid
Services through other documents or evidence, and the records relating to the
allegation are not relied upon by the Office of Inspector General of Medicaid
Services in preparing a final investigation report or final audit report;
(b)
records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the
existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
violation of a law, rule, or regulation adopted under the laws of this state, a political
subdivision of the state, or any recognized entity of the United States, if the
information was disclosed on the condition that the identity of the person be
protected;
(c)
before the time that an investigation or audit is completed and the final investigation
or final audit report is released, records or drafts circulated to a person who is not an
employee or head of a governmental entity for the person's response or information;
(d)
records that would disclose an outline or part of any investigation, audit survey plan,
or audit program; or
(e)
requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
(60)
records that reveal methods used by the Office of Inspector General of Medicaid
Services, the fraud unit, or the Department of Health and Human Services, to discover
Medicaid fraud, waste, or abuse;
(61)
information provided to the Department of Health and Human Services or the Division
of Professional Licensing under Subsections
58-67-304(3)
and
(4)
and Subsections
58-68-304(3)
and (4);
(62)
a record described in Section
63G-12-210
;
(63)
(62)
captured plate data that is obtained through an automatic license plate reader
system used by a governmental entity as authorized in Section
41-6a-2003
;
(64)
(63)
an audio or video recording created by a body-worn camera, as that term is
defined in Section
77-7a-103
, that records sound or images inside a hospital or health
care facility as those terms are defined in Section
78B-3-403
, inside a clinic of a health
care provider, as that term is defined in Section
78B-3-403
, or inside a human service
program as that term is defined in Section
26B-2-101
, except for recordings that:
(a)
depict the commission of an alleged crime;
(b)
record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(c)
record any encounter that is the subject of a complaint or a legal proceeding against a
law enforcement officer or law enforcement agency;
(d)
contain an officer involved critical incident as defined in Subsection
76-2-408(1)(f)
;
or
(e)
have been requested for reclassification as a public record by a subject or authorized
agent of a subject featured in the recording;
(65)
(64)
a record pertaining to the search process for a president of an institution of higher
education described in Section
53H-3-302
;
(66)
(65)
an audio recording that is:
(a)
produced by an audio recording device that is used in conjunction with a device or
piece of equipment designed or intended for resuscitating an individual or for treating
an individual with a life-threatening condition;
(b)
produced during an emergency event when an individual employed to provide law
enforcement, fire protection, paramedic, emergency medical, or other first responder
service:
(i)
is responding to an individual needing resuscitation or with a life-threatening
condition; and
(ii)
uses a device or piece of equipment designed or intended for resuscitating an
individual or for treating an individual with a life-threatening condition; and
(c)
intended and used for purposes of training emergency responders how to improve
their response to an emergency situation;
(67)
(66)
records submitted by or prepared in relation to an applicant seeking a
recommendation by the Research and General Counsel Subcommittee, the Budget
Subcommittee, or the Legislative Audit Subcommittee, established under Section
36-12-8
, for an employment position with the Legislature;
(68)
(67)
work papers as defined in Section
31A-2-204
;
(69)
(68)
a record made available to Adult Protective Services or a law enforcement
agency under Section
61-1-206
;
(70)
(69)
a record submitted to the Insurance Department in accordance with Section
31A-37-201
;
(71)
(70)
a record described in Section
31A-37-503
;
(72)
(71)
any record created by the Division of Professional Licensing as a result of
Subsection
58-37f-304(5)
or
58-37f-702(2)(a)(ii)
;
(73)
(72)
a record described in Section
72-16-306
that relates to the reporting of an injury
involving an amusement ride;
(74)
(73)
except as provided in Subsection
63G-2-305.5(1)
, the signature of an individual
on a political petition, or on a request to withdraw a signature from a political petition,
including a petition or request described in the following titles:
(a)
Title
10, Utah Municipal Code
;
(b)
Title
17, Counties
;
(c)
Title
17B, Limited Purpose Local Government Entities - Special Districts
;
(d)
Title
17D, Limited Purpose Local Government Entities - Other Entities
; and
(e)
Title
20A, Election Code
;
(75)
(74)
except as provided in Subsection
63G-2-305.5(2)
, the signature of an individual
in a voter registration record;
(76)
(75)
except as provided in Subsection
63G-2-305.5(3)
, any signature, other than a
signature described in Subsection
(74) or (75)
(
73
) or
(74)
, in the custody of the
lieutenant governor or a local political subdivision collected or held under, or in relation
to, Title
20A, Election Code
;
(77)
(76)
a Form I-918 Supplement B certification as described in Title
77, Chapter 38,
Part 5
, Victims Guidelines for Prosecutors Act;
(78)
(77)
a record submitted to the Insurance Department under Section
31A-48-103
;
(79)
(78)
personal information, as defined in Section
63G-26-102
, to the extent disclosure
is prohibited under Section
63G-26-103
;
(80)
(79)
an image taken of an individual during the process of booking the individual into
jail, unless:
(a)
the individual is convicted of a criminal offense based upon the conduct for which
the individual was incarcerated at the time the image was taken;
(b)
a law enforcement agency releases or disseminates the image:
(i)
after determining that the individual is a fugitive or an imminent threat to an
individual or to public safety and releasing or disseminating the image will assist
in apprehending the individual or reducing or eliminating the threat; or
(ii)
to a potential witness or other individual with direct knowledge of events relevant
to a criminal investigation or criminal proceeding for the purpose of identifying or
locating an individual in connection with the criminal investigation or criminal
proceeding;
(c)
a judge orders the release or dissemination of the image based on a finding that the
release or dissemination is in furtherance of a legitimate law enforcement interest; or
(d)
the image is displayed to a person who is permitted to view the image under Section
17-72-802
;
(81)
(80)
a record:
(a)
concerning an interstate claim to the use of waters in the Colorado River system;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state or the federal government as provided in Section
63M-14-205
; and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water in the
Colorado River system;
(ii)
harm the ability of the Colorado River Authority of Utah or river commissioner to
negotiate the best terms and conditions regarding the use of water in the Colorado
River system; or
(iii)
give an advantage to another state or to the federal government in negotiations
regarding the use of water in the Colorado River system;
(82)
(81)
any part of an application described in Section
63N-16-201
that the Governor's
Office of Economic Opportunity determines is nonpublic, confidential information that
if disclosed would result in actual economic harm to the applicant, but this Subsection
(82)
(81)
may not be used to restrict access to a record evidencing a final contract or
approval decision;
(83)
(82)
the following records of a drinking water or wastewater facility:
(a)
an engineering or architectural drawing of the drinking water or wastewater facility;
and
(b)
except as provided in Section
63G-2-106
, a record detailing tools or processes the
drinking water or wastewater facility uses to secure, or prohibit access to, the records
described in Subsection
(83)(a)
(82)(a)
;
(84)
(83)
a statement that an employee of a governmental entity provides to the
governmental entity as part of the governmental entity's personnel or administrative
investigation into potential misconduct involving the employee if the governmental
entity:
(a)
requires the statement under threat of employment disciplinary action, including
possible termination of employment, for the employee's refusal to provide the
statement; and
(b)
provides the employee assurance that the statement cannot be used against the
employee in any criminal proceeding;
(85)
(84)
any part of an application for a Utah Fits All Scholarship account described in
Section
53F-6-402
or other information identifying a scholarship student as defined in
Section
53F-6-401
;
(86)
(85)
a record:
(a)
concerning a claim to the use of waters in the Great Salt Lake;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
person concerning the claim, including a representative from another state or the
federal government; and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water in the
Great Salt Lake;
(ii)
harm the ability of the Great Salt Lake commissioner to negotiate the best terms
and conditions regarding the use of water in the Great Salt Lake; or
(iii)
give an advantage to another person including another state or to the federal
government in negotiations regarding the use of water in the Great Salt Lake;
(87)
(86)
a consumer complaint described in Section
13-2-11
, unless the consumer
complaint is reclassified as public as described in Subsection
13-2-11(4)
;
(88)
(87)
a record of the Utah water agent, appointed under Section
73-10g-702
:
(a)
concerning a claim to the use of waters;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state, a tribe, the federal government, or other
government entity as provided in
Title
73, Ch
apter
10g, Part 7, Utah Water Agent;
and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water;
(ii)
harm the ability of the Utah water agent to negotiate the best terms and conditions
regarding the use of water; or
(iii)
give an advantage to another state, a tribe, the federal government, or other
government entity in negotiations regarding the use of water; and
(89)
(88)
a record created or maintained for an investigation of the Prosecutor Conduct
Commission, created in Section
63M-7-1102
, that contains any personal identifying
information of a prosecuting attorney, including:
(a)
a complaint, or a document that is submitted or created for a complaint, received by
the Prosecutor Conduct Commission; or
(b)
a finding by the Prosecutor Conduct Commission.
Section 11. Section
63G-2-305.5
is amended to read:
63G-2-305.5
. Viewing or obtaining lists of signatures.
(1)
The records custodian of a signature described in Subsection
63G-2-305
(74)
63G-2-305(73)
shall, upon request, except for a name or signature classified as private
under Title 20A, Chapter 2, Voter Registration:
(a)
provide a list of the names of the individuals who signed the petition or request; and
(b)
permit an individual to view, but not take a copy or other image of, the signatures on
a political petition described in Subsection
63G-2-305
(74)
63G-2-305(73)
.
(2)
The records custodian of a signature described in Subsection
63G-2-305
(75)
63G-2-305(74)
shall, upon request, except for a name or signature classified as private
under Title 20A, Chapter 2, Voter Registration:
(a)
provide a list of the names of registered voters, excluding the names that are
classified as private under Title 20A, Chapter 2, Voter Registration; and
(b)
except for a signature classified as private under Title 20A, Chapter 2, Voter
Registration, permit an individual to view, but not take a copy or other image of, the
signature on a voter registration record.
(3)
Except for a signature classified as private under Title 20A, Chapter 2, Voter
Registration, the records custodian of a signature described in Subsection
63G-2-305
(76)
63G-2-305(75)
shall, upon request, permit an individual to view, but not take a
copy or other image of, a signature.
Section 12. Section
63G-12-102
is amended to read:
63G-12-102
. Definitions.
As used in this chapter:
(1)
"Basic health insurance plan" means a health plan that is actuarially equivalent to a
federally qualified high deductible health plan.
(2)
(1)
"Department" means the Department of Public Safety created in Section
53-1-103
.
(3)
(2)
"Employee" means an individual employed by an employer under a contract for
hire.
(4)
(3)
"Employer" means a person who has one or more employees employed in the same
business, or in or about the same establishment, under any contract of hire, express or
implied, oral or written.
(5)
"E-verify program" means the electronic verification of the work authorization
program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996,
8 U.S.C. Sec. 1324a, known as the e-verify program.
(6)
"Family member" means for an undocumented individual:
(a)
a member of the undocumented individual's immediate family;
(b)
the undocumented individual's grandparent;
(c)
the undocumented individual's sibling;
(d)
the undocumented individual's grandchild;
(e)
the undocumented individual's nephew;
(f)
the undocumented individual's niece;
(g)
a spouse of an individual described in this Subsection
(6)
; or
(h)
an individual who is similar to one listed in this Subsection
(6)
.
(7)
(4)
"Federal SAVE program" means the Systematic Alien Verification for Entitlements
Program operated by the United States Department of Homeland Security or an
equivalent program designated by the Department of Homeland Security.
(8)
"Guest worker" means an undocumented individual who holds a guest worker permit.
(9)
"Guest worker permit" means a permit issued in accordance with Section
63G-12-207

to an undocumented individual who meets the eligibility criteria of Section
63G-12-205
.
(10)
"Immediate family" means for an undocumented individual:
(a)
the undocumented individual's spouse; or
(b)
a child of the undocumented individual if the child is:
(i)
under 21 years old; and
(ii)
unmarried.
(11)
"Immediate family permit" means a permit issued in accordance with Section
63G-12-207
to an undocumented individual who meets the eligibility criteria of Section
63G-12-206
.
(12)
"Permit" means a permit issued under
Part 2, Guest Worker Program
, and includes:
(a)
a guest worker permit; and
(b)
an immediate family permit.
(13)
"Permit holder" means an undocumented individual who holds a permit.
(14)
"Private employer" means an employer who is not the federal government or a public
employer.
(15)
"Program" means the Guest Worker Program described in Section
63G-12-201
.
(16)
"Program start date" means the day on which the department is required to implement
the program under Subsection
63G-12-202(3)
.
(17)
"Public employer" means an employer that is:
(a)
the state of Utah or any administrative subunit of the state;
(b)
an institution of higher education, as defined in Section
53H-1-1
01;
(c)
a political subdivision of the state including a county, city, town, school district,
special district, or special service district; or
(d)
an administrative subunit of a political subdivision.
(18)
"Relevant contact information" means the following for an undocumented individual:
(a)
the undocumented individual's name;
(b)
the undocumented individual's residential address;
(c)
the undocumented individual's residential telephone number;
(d)
the undocumented individual's personal email address;
(e)
the name of the person with whom the undocumented individual has a contract for
hire;
(f)
the name of the contact person for the person listed in Subsection
(18)(e)
;
(g)
the address of the person listed in Subsection
(18)(e)
;
(h)
the telephone number for the person listed in Subsection
(18)(e)
;
(i)
the names of the undocumented individual's immediate family members;
(j)
the names of the family members who reside with the undocumented individual; and
(k)
any other information required by the department by rule made in accordance with
Chapter 3, Utah Administrative Rulemaking Act
.
(19)
(5)
"Restricted account" means the Immigration Act Restricted Account created in
Section
63G-12-103
.
(20)
"Serious felony" means a felony under:
(a)
Section 53-5a-304
;
(b)
Title 76, Chapter 5, Offenses Against the Individual
;
(c)
Title 76, Chapter 5b, Sexual Exploitation Act
;
(d)
Title
76, Chapter 5c
, Pornographic and Harmful Materials and Performances;
(e)
Title
76, Chapter 5d
, Prostitution;
(f)
Title 76, Chapter 6, Offenses Against Property
;
(g)
Title 76, Chapter 7, Offenses Against the Family
;
(h)
Title 76, Chapter 8, Offenses Against the Administration of Government
;
(i)
Title 76, Chapter 9, Offenses Against Public Order, Health, and Safety
;
(j)
Title 76, Chapter 11, Weapons
;
(k)
Title 76, Chapter 12, Offenses Related to Privacy, Information, and Communication
;
(l)
Title 76, Chapter 13, Offenses Involving Cruelty to Animals
;
(m)
Title 76, Chapter 14, Offenses Related to Immigration Status
;
(n)
Title 76, Chapter 15, Explosives and Weapons of Mass Destruction
;
(o)
Title 76, Chapter 16, Offenses Concerning Business Practices
; and
(p)
Title 76, Chapter 17, Offenses Concerning Kickbacks, Pyramid Schemes, and
Patterns of Unlawful Activity
.
(21)
(a)
"Status verification system" means an electronic system operated by the federal
government, through which an authorized official of a state agency or a political
subdivision of the state may inquire by exercise of authority delegated pursuant to 8
U.S.C. Sec. 1373, to verify the citizenship or immigration status of an individual
within the jurisdiction of the agency or political subdivision for a purpose authorized
under this section.
(b)
"Status verification system" includes:
(i)
the e-verify program;
(ii)
an equivalent federal program designated by the United States Department of
Homeland Security or other federal agency authorized to verify the work
eligibility status of a newly hired employee pursuant to the Immigration Reform
and Control Act of 1986;
(iii)
the Social Security Number Verification Service or similar online verification
process implemented by the United States Social Security Administration; or
(iv)
an independent third-party system with an equal or higher degree of reliability
as the programs, systems, or processes described in Subsection
(21)(b)(i)
,
(ii)
, or
(iii)
.
(22)
"Unauthorized alien" is as defined in 8 U.S.C. Sec. 1324a(h)(3).
(23)
"Undocumented individual" means an individual who:
(a)
lives or works in the state; and
(b)
is not in compliance with the Immigration and Nationality Act, 8 U.S.C. Sec. 1101
et seq. with regard to presence in the United States.
(24)
"U-verify program" means the verification procedure developed by the department in
accordance with Section
63G-12-210
.
Section 13. Section
63G-12-103
is amended to read:
63G-12-103
. Immigration Act Restricted Account.
(1)
There is created a restricted account within the General Fund known as the
"Immigration Act Restricted Account."
(2)
(a)
The restricted account shall consist of:
(i)
a fee collected under this chapter;
(ii)
a fine collected under Section
63G-12-207
;
(iii)
civil penalties imposed under Section
63G-12-211
or
63G-12-306
;
(iv)
(ii)
money appropriated to the restricted account by the Legislature; and
(v)
(iii)
interest earned on the restricted account.
(b)
The restricted account shall earn interest.
(3)
The Legislature may appropriate money from the restricted account to:
(a)
the department and the Office of the Governor to pay the costs associated with the
implementation of Section
63G-12-202
;
(b)
(a)
the department to administer this chapter;
and
(c)
the State Tax Commission for costs associated with implementing Section
63G-12-203
;
(d)
(b)
the attorney general for costs associated with:
(i)
litigation related to this chapter;
(ii)
a multi-agency strike force created under Section
67-5-22.7
; or
(iii)
a memorandum of understanding executed under Section
67-5-28
; and
.
(e)
the Identity Theft Restricted Account created in Section
67-5-22.7
.
Section 14. Section
63G-12-106
is amended to read:
63G-12-106
. Severability.
(1)
If a provision of
Part 2, Guest Worker Program
, or the application of a provision to a
person or circumstance is held invalid, the remainder of this chapter may not be given
effect without the invalid provision or application so that the provisions of this chapter
are not severable.
(2)
The following provisions are severable from this chapter:
(a)
(1)
Title 76, Chapter 14, Offenses Related to Immigration Status; and
(b)
(2)
Section
77-7-2
.
Section 15. Section
63G-12-401
is amended to read:
63G-12-401
. Creation of identity documents -- Issuance to citizens, nationals,
and legal permanent resident aliens -- Exceptions.
(1)
The following entities may create, publish, or otherwise manufacture an identification
document, identification card, or identification certificate and possess an engraved plate
or other device for the printing of an identification document:
(a)
a federal, state, or local government agency for employee identification, which is
designed to identify the bearer as an employee;
(b)
a federal, state, or local government agency for purposes authorized or required by
law or a legitimate purpose consistent with the duties of the agency, including such
documents as voter identification cards, identification cards, passports, birth
certificates, and
Social Security
social security
cards; and
(c)
a public school or state or private educational institution to identify the bearer as an
administrator, faculty member, student, or employee.
(2)
The name of the issuing entity shall be clearly printed upon the face of the identification
document.
(3)
Except as otherwise provided in Subsections
(4)
and
(5)
or by federal law, an entity
providing an identity document, card, or certificate under Subsection
(1)(b)
or
(c)
shall
issue the document, card, or certificate only to:
(a)
a United States citizen;
(b)
a national; or
(c)
a legal permanent resident alien.
(4)
(a)
Subsection
(3)
does not apply to an applicant for an identification document who
presents, in person, valid documentary evidence of the applicant's:
(i)
unexpired immigrant or nonimmigrant visa status for admission into the United
States;
(ii)
pending or approved application for asylum in the United States;
(iii)
admission into the United States as a refugee;
(iv)
pending or approved application for temporary protected status in the United
States;
(v)
approved deferred action status; or
(vi)
pending application for adjustment of status to legal permanent resident or
conditional resident.
(b)
(i)
An entity listed in Subsection
(1)(b)
or
(c)
may issue a Subsection
(1)(b)
or
(c)

identification document to an applicant who satisfies the requirements of
Subsection
(4)(a)
.
(ii)
Except as otherwise provided by federal law, the document is valid only:
(A)
during the period of time of the individual's authorized stay in the United
States; or
(B)
for one year from the date of issuance if there is no definite end to the
individual's period of authorized stay.
(iii)
An entity issuing an identification document under this Subsection
(4)
shall
clearly indicate on the document:
(A)
that
it
the document
is temporary; and
(B)
its
the document's
expiration date.
(c)
An individual may renew a document issued under this Subsection
(4)
only upon
presentation of valid documentary evidence that the status by which the individual
originally qualified for the identification document has been extended by the United
States Citizenship and Immigration Services or other authorized agency of the United
States Department of Homeland Security.
(5)
(a)
Subsection
(3)
does not apply to an identification document issued under
Subsection
(1)(c)
that:
(i)
is only valid for use on the educational institution's campus or facility; and
(ii)
includes a statement of the restricted use conspicuously printed upon the face of
the identification document.
(b)
Subsection
(3)
does not apply to a license certificate, driving privilege card, or
identification card issued or renewed under
Title 53, Chapter 3, Uniform Driver
License Act
.
(c)
Subsection
(3)
does not apply to a public transit pass issued by a public transit
district as defined in
Title 17B, Chapter 2a, Part 8, Public Transit District Act
, that:
(i)
is only valid for use on the public transit system; and
(ii)
includes a statement of the restricted use conspicuously printed on the face of the
public transit pass.
(d)
Subsection
(3)
does not apply to a permit issued under Section
63G-12-207
.
(e)
Subsection
(3)
does not apply to a permit issued under
Chapter 14, Utah Pilot
Sponsored Resident Immigrant Program Act
.
(6)
This section shall be enforced without regard to race, religion, gender, ethnicity, or
national origin.
Section 16. Section
63G-12-402
is amended to read:
63G-12-402
. Receipt of state, local, or federal public benefits -- Verification --
Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
(1)
(a)
Except as provided in Subsection
(3)
or when exempted by federal law, an agency
or political subdivision of the state shall verify the lawful presence in the United
States of an individual at least 18 years old who applies for:
(i)
a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
(ii)
a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by
an agency or political subdivision of this state.
(b)
For purpose of a license issued under Title
58, Chapter 55
, Utah Construction Trades
Licensing Act, to an applicant that is an unincorporated entity, the Department of
Commerce shall verify in accordance with this Subsection
(1)
the lawful presence in
the United States of each individual who:
(i)
owns an interest in the contractor that is an unincorporated entity; and
(ii)
engages, or will engage, in a construction trade in Utah as an owner of the
contractor described in Subsection
(1)(b)(i)
.
(2)
This section shall be enforced without regard to race, religion, gender, ethnicity, or
national origin.
(3)
Verification of lawful presence under this section is not required for:
(a)
any purpose for which lawful presence in the United States is not restricted by law,
ordinance, or regulation;
(b)
assistance for health care items and services that:
(i)
are necessary for the treatment of an emergency medical condition, as defined in
42 U.S.C. Sec. 1396b(v)(3), of the individual involved; and
(ii)
are not related to an organ transplant procedure;
(c)
short-term, noncash, in-kind emergency disaster relief;
(d)
public health assistance for immunizations with respect to immunizable diseases and
for testing and treatment of symptoms of communicable diseases whether or not the
symptoms are caused by the communicable disease;
(e)
programs, services, or assistance such as soup kitchens, crisis counseling and
intervention, and short-term shelter, specified by the United States Attorney General,
in the sole and unreviewable discretion of the United States Attorney General after
consultation with appropriate federal agencies and departments, that:
(i)
deliver in-kind services at the community level, including through public or
private nonprofit agencies;
(ii)
do not condition the provision of assistance, the amount of assistance provided, or
the cost of assistance provided on the income or resources of the individual
recipient; and
(iii)
are necessary for the protection of life or safety;
and
(f)
the exemption for paying the nonresident portion of total tuition as set forth in
Section
53H-11-203
;
(g)
an applicant for a license under Section
61-1-4
, if the applicant:
(i)
is registered with the Financial Industry Regulatory Authority; and
(ii)
files an application with the state Division of Securities through the Central
Registration Depository;
(h)
a state public benefit to be given to an individual under Title
49, Utah State
Retirement and Insurance Benefit Act
;
(i)
a home loan that will be insured, guaranteed, or purchased by:
(i)
the Federal Housing Administration, the Veterans Administration, or any other
federal agency; or
(ii)
an enterprise as defined in 12 U.S.C. Sec. 4502;
(j)
a subordinate loan or a grant that will be made to an applicant in connection with a
home loan that does not require verification under Subsection
(3)(i)
;
(k)
(f)
an applicant for a license issued by the Department of Commerce or individual
described in Subsection
(1)(b)
, if the applicant or individual provides the Department
of Commerce:
(i)
certification, under penalty of perjury, that the applicant or individual is:
(A)
a United States citizen;
(B)
a qualified alien as defined in 8 U.S.C. Sec. 1641; or
(C)
lawfully present in the United States; and
(ii)
(A)
the number assigned to a driver license or identification card issued under
Title
53, Chapter 3
, Uniform Driver License Act; or
(B)
the number assigned to a driver license or identification card issued by a state
other than Utah if, as part of issuing the driver license or identification card,
the state verifies an individual's lawful presence in the United States
; and
.
(l)
an applicant for:
(i)
an Opportunity scholarship described in Section
53H-11-402
;
(ii)
a New Century scholarship described in Section
53H-11-407
;
(iii)
a promise grant described in Section
53H-11-414
; or
(iv)
a scholarship:
(A)
for an individual who is a graduate of a high school located within Utah; and
(B)
administered by an institution of higher education as defined in Section
53H-1-101
.
(4)
(a)
An agency or political subdivision required to verify the lawful presence in the
United States of an applicant under this section shall require the applicant to certify
under penalty of perjury that:
(i)
the applicant is a United States citizen; or
(ii)
the applicant is:
(A)
a qualified alien as defined in 8 U.S.C. Sec. 1641; and
(B)
lawfully present in the United States.
(b)
The certificate required under this Subsection
(4)
shall include a statement advising
the signer that providing false information subjects the signer to penalties for perjury.
(5)
An agency or political subdivision shall verify a certification required under Subsection
(4)(a)(ii)
through the federal SAVE program.
(6)
(a)
An individual who knowingly and willfully makes a false, fictitious, or fraudulent
statement or representation in a certification under Subsection
(3)(k)
or
(4)
is
subject to the criminal penalties applicable in this state for:
(i)
making a written false statement under Section
76-8-504
; and
(ii)
fraudulently obtaining:
(A)
public assistance program benefits under Section
76-8-1203.1
; or
(B)
unemployment compensation under Section
76-8-1301
,
76-8-1302
,
76-8-1303
,
or
76-8-1304
.
(b)
If the certification constitutes a false claim of United States citizenship under 18
U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the
United States Attorney General for the applicable district based upon the venue in
which the application was made.
(c)
If an agency or political subdivision receives verification that a person making an
application for a benefit, service, or license is not a qualified alien, the agency or
political subdivision shall provide the information to the Office of the Attorney
General unless prohibited by federal mandate.
(7)
An agency or political subdivision may adopt variations to the requirements of this
section that:
(a)
clearly improve the efficiency of or reduce delay in the verification process; or
(b)
provide for adjudication of unique individual circumstances where the verification
procedures in this section would impose an unusual hardship on a legal resident of
Utah.
(8)
It is unlawful for an agency or a political subdivision of this state to provide a state,
local, or federal benefit, as defined in 8 U.S.C.
Sec
Secs
. 1611 and 1621, in violation of
this section.
(9)
A state agency or department that administers a program of state or local public benefits
shall:
(a)
provide an annual report to the governor, the president of the Senate, and the speaker
of the House
of Representatives
regarding
its
compliance with this section; and
(b)
(i)
monitor the federal SAVE program for application verification errors and
significant delays;
(ii)
provide an annual report on the errors and delays to ensure that the application of
the federal SAVE program is not erroneously denying a state or local benefit to a
legal resident of the state; and
(iii)
report delays and errors in the federal SAVE program to the United States
Department of Homeland Security.
Section 17. Section
63I-2-213
is amended to read:
63I-2-213
. Repeal dates: Title 13.
(1)
Title 13, Chapter 47, Private Employer Verification Act, is repealed on the program
start date, as defined in Section
63G-12-102
.
(2)
Title 13, Chapter 72, Artificial Intelligence Policy Act, is repealed July 1, 2027.
Section 18. Section
63M-14-205
is amended to read:
63M-14-205
. Records.
(1)
The records of the authority and the river commissioner shall be maintained by the
authority.
(2)
The authority may classify a record in accordance with Title 63G, Chapter 2,
Government Records Access and Management Act, including a record described in
Subsection
63G-2-305
(81)
63G-2-305(80)
.
Section 19. Section
63N-16-201
is amended to read:
63N-16-201
. General Regulatory Sandbox Program -- Application requirements.
(1)
There is created in the regulatory relief office the General Regulatory Sandbox Program.
(2)
In administering the regulatory sandbox, the regulatory relief office:
(a)
shall consult with each applicable agency;
(b)
shall establish a program to enable a person to obtain legal protections and limited
access to the market in the state to demonstrate an offering without obtaining a
license or other authorization that might otherwise be required;
(c)
may enter into agreements with or adopt the best practices of corresponding federal
regulatory agencies or other states that are administering similar programs; and
(d)
may consult with businesses in the state about existing or potential proposals for the
regulatory sandbox.
(3)
(a)
An applicant for the regulatory sandbox may contact the regulatory relief office to
request a consultation regarding the regulatory sandbox before submitting an
application.
(b)
The regulatory relief office shall provide relevant information regarding the
regulatory sandbox program.
(c)
The regulatory relief office may provide assistance to an applicant in preparing an
application for submission.
(4)
An applicant for the regulatory sandbox shall provide to the regulatory relief office an
application in a form prescribed by the regulatory relief office that:
(a)
confirms the applicant is subject to the jurisdiction of the state;
(b)
confirms the applicant has established a physical or virtual location in the state, from
which the demonstration of an offering will be developed and performed and where
all required records, documents, and data will be maintained;
(c)
contains relevant personal and contact information for the applicant, including legal
names, addresses, telephone numbers, email addresses, website addresses, and other
information required by the regulatory relief office;
(d)
discloses criminal convictions of the applicant or other participating personnel, if any;
(e)
contains a description of the offering to be demonstrated, including statements
regarding:
(i)
how the offering is subject to licensing, legal prohibition, or other authorization
requirements outside of the regulatory sandbox;
(ii)
each law or regulation, accompanied by their statutory reference or citation, that
the applicant seeks to have waived or suspended while participating in the
regulatory sandbox program;
(iii)
how the offering would benefit consumers;
(iv)
how the offering is different from other offerings available in the state;
(v)
any identifiable, likely, and significant harm to the health, safety, or financial
well-being of consumers that each law or regulation described in Subsection
(4)(e)(ii)
protects against;
(vi)
what risks might exist for consumers who use or purchase the offering;
(vii)
how participating in the regulatory sandbox would enable a successful
demonstration of the offering;
(viii)
a description of the proposed demonstration plan, including estimated time
periods for beginning and ending the demonstration;
(ix)
recognition that the applicant will be subject to all laws and regulations
pertaining to the applicant's offering after conclusion of the demonstration; and
(x)
how the applicant will end the demonstration and protect consumers if the
demonstration fails;
(f)
lists each government agency, if any, that the applicant knows regulates the
applicant's business; and
(g)
provides any other required information as determined by the regulatory relief office.
(5)
The regulatory relief office may collect an application fee from an applicant that is set in
accordance with Section
63J-1-504
.
(6)
An applicant shall file a separate application for each offering that the applicant wishes
to demonstrate.
(7)
After an application is filed, the regulatory relief office shall:
(a)
classify, as a protected record, any part of the application that the office determines is
nonpublic, confidential information that if disclosed would result in actual economic
harm to the applicant in accordance with Subsection
63G-2-305
(82)
63G-2-305(81)
;
(b)
consult with each applicable government agency that regulates the applicant's
business regarding whether more information is needed from the applicant; and
(c)
seek additional information from the applicant that the regulatory relief office
determines is necessary.
(8)
No later than five business days after the day on which a complete application is
received by the regulatory relief office, the regulatory relief office shall:
(a)
review the application and refer the application to each applicable government
agency that regulates the applicant's business;
(b)
provide to the applicant:
(i)
an acknowledgment of receipt of the application; and
(ii)
the identity and contact information of each regulatory agency to which the
application has been referred for review; and
(c)
provide public notice, on the office's website and through other appropriate means, of
each law or regulation that the office is considering to suspend or waive under the
application.
(9)
(a)
Subject to Subsections
(9)(c)
and
(9)(g)
, no later than 30 days after the day on
which an applicable agency receives a complete application for review, the applicable
agency shall provide a written report to the director of the applicable agency's
findings.
(b)
The report shall:
(i)
describe any identifiable, likely, and significant harm to the health, safety, or
financial well-being of consumers that the relevant law or regulation protects
against; and
(ii)
make a recommendation to the regulatory relief office that the applicant either be
admitted or denied entrance into the regulatory sandbox.
(c)
(i)
The applicable agency may request an additional five business days to deliver
the written report by providing notice to the director, which request shall
automatically be granted.
(ii)
The applicable agency may only request one extension per application.
(d)
If the applicable agency recommends an applicant under this section be denied
entrance into the regulatory sandbox, the written report shall include a description of
the reasons for the recommendation, including why a temporary waiver or suspension
of the relevant laws or regulations would potentially significantly harm the health,
safety, or financial well-being of consumers or the public and the likelihood of such
harm occurring.
(e)
If the agency determines that the consumer's or public's health, safety, and financial
well-being can be protected through less restrictive means than the existing relevant
laws or regulations, then the applicable agency shall provide a recommendation of
how that can be achieved.
(f)
If an applicable agency fails to deliver a written report as described in this Subsection
(9)
, the director shall assume that the applicable agency does not object to the
temporary waiver or suspension of the relevant laws or regulations for an applicant
seeking to participate in the regulatory sandbox.
(g)
Notwithstanding any other provision of this section, an applicable agency may by
written notice to the regulatory relief office:
(i)
within the 30 days after the day on which the applicable agency receives a
complete application for review, or within 35 days if an extension has been
requested by the applicable agency, reject an application if the applicable agency
determines, in the applicable agency's discretion, that the applicant's offering fails
to comply with standards or specifications:
(A)
required by federal law or regulation; or
(B)
previously approved for use by a federal agency; or
(ii)
reject an application that is preliminarily approved by the regulatory relief office,
if the applicable agency:
(A)
recommended rejection of the application in accordance with Subsection
(9)(d)

in the agency's written report; and
(B)
provides in the written notice under this Subsection
(9)(g)
, a description of the
applicable agency's reasons why approval of the application would create a
substantial risk of harm to the health, safety, or financial well-being of the
public, or create unreasonable expenses for taxpayers in the state.
(h)
If an applicable agency rejects an application under Subsection
(9)(g)
, the regulatory
relief office may not approve the application.
(i)
If the applicable agency rejects an application under Subsection
(9)(g)
, the
applicable agency shall provide the rejection on a form created by the agency and
signed by the director of the applicable agency.
(ii)
The form shall document the reason for the rejection and show every reasonable
effort was made to meet with the applicant.
(10)
(a)
Upon receiving a written report described in Subsection
(9)
, the director shall
provide the application and the written report to the advisory committee.
(b)
The director may call the advisory committee to meet as needed, but not less than
once per quarter if applications are available for review.
(c)
After receiving and reviewing the application and each written report, the advisory
committee shall provide to the director the advisory committee's recommendation as
to whether
or not
the applicant should be admitted as a sandbox participant under
this chapter.
(d)
As part of the advisory committee's review of each written report, the advisory
committee shall use the criteria required for an applicable agency as described in
Subsection
(9)
.
(11)
(a)
In reviewing an application and each applicable agency's written report, the
regulatory relief office shall consult with each applicable agency before admitting an
applicant into the regulatory sandbox.
(b)
The consultation with each applicable agency may include seeking information about
whether:
(i)
the applicable agency has previously issued a license or other authorization to the
applicant; and
(ii)
the applicable agency has previously investigated, sanctioned, or pursued legal
action against the applicant.
(12)
In reviewing an application under this section, the regulatory relief office and each
applicable agency shall consider whether a competitor to the applicant is or has been a
sandbox participant and, if so, weigh that as a factor in favor of allowing the applicant to
also become a sandbox participant.
(13)
In reviewing an application under this section, the regulatory relief office shall
consider whether:
(a)
the applicant's plan will adequately protect consumers from potential harm identified
by an applicable agency in the applicable agency's written report;
(b)
the risk of harm to consumers is outweighed by the potential benefits to consumers
from the applicant's participation in the regulatory sandbox; and
(c)
certain state laws or regulations that regulate an offering should not be waived or
suspended even if the applicant is approved as a sandbox participant, including
applicable antifraud or disclosure provisions.
(14)
(a)
An applicant becomes a sandbox participant if the regulatory relief office
approves the application for the regulatory sandbox and the regulatory relief office
enters into a written agreement with the applicant describing the specific laws and
regulations that are waived or suspended as part of participation in the regulatory
sandbox.
(b)
Notwithstanding any other provision of this chapter, the regulatory relief office may
not enter into a written agreement with an applicant and related parties that waives or
suspends a tax, fee, or charge that is administered by the State Tax Commission or
that is described in Title 59, Revenue and Taxation.
(15)
(a)
The director may deny at the director's sole discretion any application submitted
under this section for any reason, including if the director determines that the
preponderance of evidence demonstrates that suspending or waiving enforcement of
a law or regulation would cause a significant risk of harm to consumers or residents
of the state.
(b)
If the director denies an application submitted under this section, the regulatory relief
office shall provide to the applicant a written description of the reasons for not
allowing the applicant to be a sandbox participant.
(c)
The denial of an application submitted under this section is not subject to:
(i)
agency or judicial review; or
(ii)
the provisions of Title 63G, Chapter 4, Administrative Procedures Act.
(16)
The director shall deny an application for participation in the regulatory sandbox
described by this section if the applicant or any person who seeks to participate with the
applicant in demonstrating an offering has been convicted, entered a plea of nolo
contendere, or entered a plea of guilty or nolo contendere held in abeyance, for any
crime involving significant theft, fraud, or dishonesty if the crime bears a significant
relationship to the applicant's or other participant's ability to safely and competently
participate in the regulatory sandbox program.
(17)
(a)
When an applicant is approved for participation in the regulatory sandbox, the
director shall provide public notice of the approval on the office's website and
through other appropriate means.
(b)
The public notice described in Subsection
(17)(a)
shall state:
(i)
the name of the sandbox participant;
(ii)
the industries the sandbox participant represents; and
(iii)
each law or regulation that is suspended or waived for the sandbox participant as
allowed by the regulatory sandbox.
(18)
In addition to the information described in Subsection
(17)
, the office shall make the
following information available on the office's website and through other appropriate
means:
(a)
documentation regarding the office's determination and grounds for approving each
sandbox participant; and
(b)
public notice regarding any sandbox participant's revocation to participate in the
regulatory sandbox.
Section 20. Section
67-5-22.7
is amended to read:
67-5-22.7
. Multi-agency strike force to combat violent and other major felony
crimes associated with illegal immigration and human trafficking -- Fraudulent
Documents Identification Unit.
(1)
The Office of the Attorney General is authorized to administer and coordinate the
operation of a multi-agency strike force to combat violent and other major felony crimes
committed within the state that are associated with illegal immigration and human
trafficking.
(2)
The office shall invite officers of the
U.S.
United States
Immigration and Customs
Enforcement and state and local law enforcement personnel to participate in this
mutually supportive, multi-agency strike force to more effectively utilize their combined
skills, expertise, and resources.
(3)
The strike force shall focus its efforts on detecting, investigating, deterring, and
eradicating violent and other major felony criminal activity related to illegal
immigration and human trafficking.
(4)
In conjunction with the strike force and subject to available funding, the Office of the
Attorney General shall establish a Fraudulent Documents Identification Unit:
(a)
for the primary purpose of investigating, apprehending, and prosecuting individuals
or entities that participate in the sale or distribution of fraudulent documents used for
identification purposes;
and
(b)
to specialize in fraudulent identification documents created and prepared for
individuals who are unlawfully residing within the state
; and
.
(c)
to administer the
Identity Theft Victims
Restricted Account created under
Subsection
(5)
.
(5)
(a)
There is created a restricted account in the General Fund known as the "
Identity Theft Victims
Restricted Account."
(b)
The
Identity Theft Victims
Restricted Account shall consist of money
appropriated to the
Identity Theft Victims
Restricted Account by the Legislature.
(c)
Subject to appropriations from the Legislature, beginning on the program start date,
as defined in Section
63G-12-102
, the Fraudulent Documents Identification Unit may
expend the money in the
Identity Theft Victims
Restricted Account to pay a claim
as provided in this Subsection
(5)
to a person who is a victim of identity theft
prosecuted under Section
76-11-215
or
76-6-1102
.
(d)
To obtain payment from the
Identity Theft Victims
Restricted Account, a person
shall file a claim with the Fraudulent Documents Identification Unit by no later than
one year after the day on which an individual is convicted, pleads guilty to, pleads no
contest to, pleads guilty in a similar manner to, or resolved by diversion or its
equivalent an offense under Section
76-11-215
or
76-6-1102
for the theft of the
identity of the person filing the claim.
(e)
A claim filed under this Subsection
(5)
shall include evidence satisfactory to the
Fraudulent Documents Identification Unit:
(i)
that the person is the victim of identity theft described in Subsection
(5)(d)
; and
(ii)
of the actual damages experienced by the person as a result of the identity theft
that are not recovered from a public or private source.
(f)
The Fraudulent Documents Identification Unit shall pay a claim from the
Identity
Theft Victims
Restricted Account:
(i)
if the Fraudulent Documents Identification Unit determines that the person has
provided sufficient evidence to meet the requirements of Subsection
(5)(e)
;
(ii)
in the order that claims are filed with the Fraudulent Documents Identification
Unit; and
(iii)
to the extent that it there is money in the
Identity Theft Victims
Restricted
Account.
(g)
If there is insufficient money in the
Identity Theft Victims
Restrict Account
when a claim is filed under this Subsection
(5)
to pay the claim in full, the Fraudulent
Documents Identification Unit may pay a claim when there is sufficient money in the
account to pay the claim in the order that the claims are filed.
(6)
(5)
The strike force shall make an annual report on
its
the strike force's
activities to
the governor and the Legislature's Law Enforcement and Criminal Justice Interim
Committee by December 1, together with any proposed recommendations for
modifications to this section.
Section 21. Section
76-14-207
is amended to read:
76-14-207
. Proof of immigration status required to receive public benefits.
(1)
(a)
An agency that provides state or local public benefits as defined in 8 U.S.C. Sec.
1621 shall comply with Section
63G-12-402
and shall also comply with this section,
except:
(i)
as provided in Subsection
63G-12-402(3)(g) or (k)
63G-12-402(3)(f)
; or
(ii)
when compliance is exempted by federal law or when compliance could
reasonably be expected to be grounds for the federal government to withhold
federal Medicaid funding.
(b)
The agency shall verify an individual's lawful presence in the United States by
requiring that the applicant under this section sign a certificate under penalty of
perjury, stating that the applicant:
(i)
is a United States citizen; or
(ii)
is a qualified alien as defined by 8 U.S.C. Sec. 1641.
(c)
The certificate under Subsection
(1)(b)
shall include a statement advising the signer
that providing false information subjects the signer to penalties for perjury.
(d)
The signature under this Subsection
(1)
may be executed in person or electronically.
(e)
When an applicant who is a qualified alien has executed the certificate under this
section, the applicant's eligibility for benefits shall be verified by the agency through
the federal SAVE program or an equivalent program designated by the United States
Department of Homeland Security.
(2)
An individual who knowingly and willfully makes a false, fictitious, or fraudulent
statement of representation in a certificate executed under this section is guilty of public
assistance fraud by an applicant for public assistance under Section
76-8-1203.1
.
(3)
If the certificate constitutes a false claim of United States citizenship under 18 U.S.C.
Sec. 911, the agency requiring the certificate shall file a complaint with the United
States Attorney for the applicable federal judicial district based upon the venue in which
the certificate was executed.
(4)
Agencies may, with the concurrence of the Utah Attorney General, adopt variations to
the requirements of the provisions of this section that provide for adjudication of unique
individual circumstances in which the verification procedures in this section would
impose unusual hardship on a legal resident of this state.
(5)
If an agency under Subsection
(1)
receives verification that an individual making an
application for a benefit, service, or license is not a qualified alien, the agency shall
provide the information to the local law enforcement agency for enforcement of public
assistance fraud by an applicant for public assistance under Section
76-8-1203.1
unless
prohibited by federal mandate.
Section 22. Section
76-14-209
is amended to read:
76-14-209
. Transporting or harboring an alien.
(1)
(a)
As used in this section
:
(i)
Except as provided in Subsection (1)(a)(ii)
, "alien" means an individual who is
illegally present in the United States.
(ii)
On or after the program start date, as defined in Section
63G-12-102
, "alien"
does not include an individual who holds a valid permit, as defined in Section
63G-12-102
.
(b)
Terms defined in Sections
76-1-101.5
,
76-14-101
, and
76-14-201
apply to this
section.
(2)
An actor commits transporting or harboring an alien if the actor:
(a)
transports, moves, or attempts to transport into this state or within the state an alien
for commercial advantage or private financial gain, knowing or in reckless disregard
of the fact that the alien is in the United States in violation of federal law, in
furtherance of the illegal presence of the alien in the United States;
(b)
knowingly, with the intent to violate federal immigration law, conceals, harbors, or
shelters from detection an alien in a place within this state, including a building or
means of transportation for commercial advantage or private financial gain, knowing
or in reckless disregard of the fact that the alien is in the United States in violation of
federal law;
(c)
encourages or induces an alien to come to, enter, or reside in this state, knowing or in
reckless disregard of the fact that the alien's coming to, entry, or residence is or will
be in violation of law; or
(d)
engages in a conspiracy, for commercial advantage or private financial gain, to
commit any of the offenses listed in Subsection
(2)(a)
, (b), or (c).
(3)
(a)
A violation of Subsection
(2)(a)
,
(c)
, or
(d)
is a third degree felony.
(b)
A violation of Subsection
(2)(b)
is a class A misdemeanor.
(4)
Nothing in this section prohibits or restricts the provision of:
(a)
a state or local public benefit described in 8 U.S.C. Sec. 1621(b); or
(b)
charitable or humanitarian assistance, including medical care, housing, counseling,
food, victim assistance, religious services and sacraments, or transportation to and
from a location where the assistance is provided, by a charitable, educational, or
religious organization or the employees, agents, or volunteers of a charitable,
educational, or religious organization, using private funds.
(5)
(a)
It is not a violation of this section for a religious denomination or organization or
an agent, officer, or member of a religious denomination or organization to
encourage, invite, call, allow, or enable an alien to perform the vocation of a minister
or missionary for the denomination or organization in the United States as a volunteer
who is not compensated as an employee, notwithstanding the provision of room,
board, travel, medical assistance, and other basic living expenses.
(b)
Subsection
(5)(a)
applies only to an alien who has been a member of the religious
denomination or organization for at least one year.
(6)
An individual's participation in
Title 63G, Chapter 14, Utah Pilot Sponsored Resident
Immigrant Program Act
, either as a sponsor or resident alien, does not constitute
encouraging or inducing an alien to come to, enter, or reside in this state in violation of
Subsection
(2)(c)
.
Section 23.
Repealer.
Title.
Department to create program.
Federal waivers, exemptions, or authorizations -- Implementation
without waiver, exemption, or authorization.
Coordination with other federal or state laws or programs.
Obtaining a permit -- Uses of permit.
Eligibility criteria to obtain and maintain a guest worker permit.
Eligibility to obtain and maintain an immediate family permit.
Application and renewal process.
Conditions during permit term.
Proficiency standards for English.
Verification of valid permit -- Protected status of information.
Prohibited conduct -- Administrative penalties -- Criminal penalties.
Sharing of information related to enforcement.
Employing unauthorized alien -- Verification of employment
eligibility.
Status verification system -- Registration and use -- Performance of
services -- Unlawful practice.
Liability protections.
Voluntary registration by private employer certifying participation
in verification.
Administrative actions -- Defenses.
Penalties.
Title.
Definitions.
Creation of program.
Approval as a resident immigrant -- Ineligibility.
Sponsorship.
Resident immigrant permit.
Employment and taxation obligations under the program.
Restrictions on activities of resident immigrant.
Disqualification from program.
Penalties on sponsors.
Section 24.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-27-26 11:00 AM