Immigrant Amendments

164
7-1-811
7-25-102
7-25-207
13-47-102
13-47-104
17-72-505
34A-2-104
34A-2-104.6
34A-2-115
53-3-407
53-13-106.8
63A-4-101.1
63A-4-102
63G-12-402
63H-8-501
76-14-201
76-14-202
76-14-205
76-14-205.1
76-14-206
76-14-207
76-14-210
77-38-503
7
Immigrant Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Trevor Lee
Senate Sponsor:
LONG TITLE
General Description:
This bill amends provisions concerning immigrants and immigration.
Highlighted Provisions:
This bill:
defines terms;
prohibits a Utah depository institution from accepting certain forms of identification;
requires the Department of Financial Institutions to make rules to ensure compliance with
and enforcement of the identification prohibition for a Utah depository institution;
for a licensee under the Money Transmitter Act:
prohibits a licensee from initiating an international money transmission unless the
licensee has verified that the sender is not an unauthorized alien;
requires certain record keeping; and
imposes penalties for a violation;
requires the Department of Financial Institutions to conduct random quarterly audits of
licensees under the Money Transmitter Act to ensure compliance;
prohibits a person from hiring or employing an unauthorized alien, and provides penalties
for a violation, including fines and business license suspension or revocation;
creates a right of action against a person who hired, employed, or recruited an
unauthorized alien and the actions of the unauthorized alien caused an injury or death;
upon request from a federal immigration agency, requires a sheriff, or sheriff's designee
who operates a county jail, to provide:
a list of all prisoners who are held at the county jail; and
information regarding each prisoner's immigration status;
exempts an adult unauthorized alien from the definition of "employee" for purposes of the
Workers' Compensation Act;
requires an employer who knowingly hires or employs an unauthorized alien to be
personally liable for all medical and treatment costs resulting from an injury sustained
by the unauthorized alien during the unauthorized alien's employment, and imposes fines
and other penalties;
requires the Division of Industrial Accidents to investigate and enforce violations
involving an unauthorized alien injured during employment;
requires an employer to verify an employee's employment eligibility through the federal
status verification system before submitting a claim for workers' compensation for the
employee, and if the employer fails to do so, the employer is:
ineligible to receive indemnity or medical coverage from the employer's workers'
compensation insurance provider for the employee's injuries; and
personally liable for all costs, expenses, and benefits that would have been covered;
for purposes of the Uniform Commercial Driver License Act, requires the Driver License
Division to:
require that all licensing procedures, testing, and instruction be in English; and
prohibit the use of an interpreter
or other alternative language accommodations;
prohibits the risk manager from adjusting, settling, or paying a claim relating to an adult
unauthorized alien;
requires an agency or political subdivision to verify the lawful presence of an adult who
applies for:
a license or certification issued under Title 13, Commerce and Trade, Title 31A,
Insurance Code, Title 58, Occupations and Professions, or Title 61, Securities
Division - Real Estate Division; or
assistance as a first-time home buyer under the First-Time Homebuyer Assistance
Program;
restricts the definition of "first-time homebuyer" to an individual who is lawfully present
in the United States for purposes of the First-Time Homebuyer Assistance Program;
provides that a state or local governmental agency may not limit the authority of certain
agencies from assisting the federal government in certain aspects of federal immigration
enforcement
, including:
complying with an immigration detainer;
providing inmate and prisoner immigration status, release dates, and other information;
providing access to inmates and prisoners for an interview;
executing a judicial warrant; or
participating in a federal immigration operation with a federal immigration authority;
requires a state or local governmental agency to use the agency's best efforts to support
the enforcement of federal immigration law;
prohibits a state or local governmental agency from restricting a law enforcement officer
from executing, or assisting with the execution of, a lawful judicial warrant;
prevents, with certain exceptions, a state or local governmental agency from prohibiting a
law enforcement agency from taking certain actions with regard to information
concerning an individual's immigration status, including:
sending, receiving, and exchanging the information;
recording and maintaining the information;
using the information to comply with an immigration detainer;
using the information to confirm a detained individual's identity; or
providing certain prisoner information;
if a state or local governmental agency violates certain immigration-related requirements,
provides that:
the attorney general may investigate and file suit to seek declaratory or injunctive
relief;
for an officer subject to impeachment, the violation may result in impeachment; and
for an officer subject to removal from office by judicial proceeding, the violation may
result in removal from office;
requires a law enforcement agency and magistrate or court to follow certain procedures
regarding an immigration detainer;
provides that if a state or local governmental agency adopts an ordinance, regulation, rule,
or other policy of refusing to comply with, or directing officials, employees, or others to
refuse to comply with, an immigration detainer:
the attorney general shall initiate an action to enforce compliance; and
a court, upon making certain findings, shall enjoin the application of the ordinance,
rule, or other policy, and assess a civil fine;
creates a new felony criminal offense for the unlawful employment of multiple
unauthorized aliens; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
7-25-102
, as last amended by Laws of Utah 2020, Chapter 354
13-47-102
, as last amended by Laws of Utah 2014, Chapter 189
17-72-505
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
34A-2-104
, as last amended by Laws of Utah 2019, Chapter 299
53-3-407
, as last amended by Laws of Utah 2022, Chapter 46
53-13-106.8
, as enacted by Laws of Utah 2014, Chapter 317
63A-4-101.1
, as enacted by Laws of Utah 2021, Chapter 33
63A-4-102
, as last amended by Laws of Utah 2022, Chapter 169
63G-12-402
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
63H-8-501
, as last amended by Laws of Utah 2025, Chapter 464
76-14-201
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-14-202
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-14-205
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-14-206
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-14-207
, as renumbered and amended by Laws of Utah 2025, Chapter 173
77-38-503
, as enacted by Laws of Utah 2020, Chapter 112
ENACTS:
7-1-811
, Utah Code Annotated 1953
7-25-207
, Utah Code Annotated 1953
13-47-104
, Utah Code Annotated 1953
34A-2-104.6
, Utah Code Annotated 1953
34A-2-115
, Utah Code Annotated 1953
76-14-205.1
, Utah Code Annotated 1953
76-14-210
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
7-1-811
is enacted to read:
7-1-811
. Prohibited forms of identification for Utah depository institutions.
(1)
As used in this section, "unauthorized alien" means an individual who is unlawfully
present in the United States according to the terms of the federal Immigration and
Nationality Act, 8 U.S.C. Sec. 1101 et seq.
(2)
Unless otherwise required under federal law, a Utah depository institution may not
accept a form of identification described in Subsection
(3)
for the purpose of opening a
deposit account, loan account, safe deposit box, or to receive any other services from the
Utah depository institution.
(3)
The forms of identification referred to in Subsection
(2)
are:
(a)
a license or identification card that is issued exclusively to an unauthorized alien; or
(b)
a license or identification card that is substantially the same as a license or
identification card issued to a United States citizen, United States resident, or another
individual who is lawfully present in the United States, but which has markings
establishing that the license holder or identification holder did not present proof of
the holder's lawful presence in the United States.
(4)
The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a)
ensure compliance with this section; and
(b)
enforce this section.
Section 2. Section
7-25-102
is amended to read:
7-25-102
. Definitions.
As used in this chapter:
(1)
"Applicant" means a person filing an application for a license under this chapter.
(2)
"Authorized agent" means a person designated by the licensee under this chapter to sell
or issue payment instruments or engage in the business of transmitting money on behalf
of a licensee.
(3)
"Blockchain" means an electronic method of storing data that is:
(a)
maintained by consensus of multiple unaffiliated parties;
(b)
distributed across multiple locations; and
(c)
mathematically verified.
(4)
"Blockchain token" means an electronic record that is:
(a)
recorded on a blockchain; and
(b)
capable of being traded between persons without an intermediary.
(5)
"Executive officer" means the licensee's president, chair of the executive committee,
executive vice president, treasurer, chief financial officer, or any other person who
performs similar functions.
(6)
"Foreign country" means a jurisdiction other than:
(a)
the United States; or
(b)
a state, district, commonwealth, territory, or insular possession of the United States.
(7)
(a)
"International money transmission" means a money transmission conducted by a
licensee or an authorized agent on behalf of a customer, in which money is
transmitted to a foreign country.
(b)
"International money transmission" does not include a transaction conducted by a
depository institution or a subsidiary or affiliate of the depository institution.
(8)
"Key shareholder" means a person, or group of persons acting in concert, who is the
owner of 20% or more of a class of an applicant's stock.
(7)
(9)
"Licensee" means a person licensed under this chapter.
(8)
(10)
"Material litigation" means litigation that, according to generally accepted
accounting principles, is considered significant to a person's financial health and would
be required to be referenced in an annual audited financial statement, report to
shareholders, or similar document.
(9)
(11)
(a)
"Money transmission" means the sale or issuance of a payment instrument
or engaging in the business of receiving money for transmission or transmitting
money within the United States or to locations abroad by any and all means,
including payment instrument, wire, facsimile, or electronic transfer.
(b)
"Money transmission" does not include a blockchain token.
(10)
(12)
"Nationwide database" means the Nationwide Mortgage Licensing System and
Registry, authorized under 12 U.S.C. Sec. 5101 for federal licensing of mortgage loan
originators.
(11)
(13)
"Outstanding payment instrument" means a payment instrument issued by the
licensee that has been sold in the United States directly by the licensee or a payment
instrument issued by the licensee that has been sold and reported to the licensee as
having been sold by an authorized agent of the licensee in the United States, and that has
not yet been paid by or for the licensee.
(12)
(14)
(a)
"Payment instrument" means a check, draft, money order, travelers check,
or other instrument or written order for the transmission or payment of money, sold
or issued to one or more persons, whether or not the instrument is negotiable.
(b)
"Payment instrument" does not include a credit card voucher, letter of credit, or
instrument that is redeemable by the issuer in goods or services.
(13)
(15)
"Remit" means either to make direct payment of the money to the licensee or its
representatives authorized to receive the money, or to deposit the money in a depository
institution in an account in the name of the licensee.
(16)
"Unauthorized alien" means an individual who is unlawfully present in the United
States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C.
Sec. 1101 et seq.
(17)
(a)
"Valid identification" means any of the following non-expired forms of
identification:
(i)
a United States passport or United States passport card;
(ii)
a state-issued driver license or state-issued identification card;
(iii)
a United States military identification;
(iv)
a state-issued concealed carry permit;
(v)
a United States resident alien card;
(vi)
an identification of a federally recognized Indian tribe;
(vii)
a United States visa that is classified as H-2A or H-2B; or
(viii)
a driver license or identification card issued to a diplomat as defined in Section
41-6a-1901
.
(b)
"Valid identification" does not include a Utah driving privilege card.
Section 3. Section
7-25-207
is enacted to read:
7-25-207
. Prohibited conduct concerning unauthorized aliens -- Required
verification and records -- Penalty -- Audit.
(1)
A licensee may not initiate an international money transmission unless the licensee has
verified that the sender of the international money transmission is not an unauthorized
alien.
(2)
To verify that a sender of an international money transmission is not an unauthorized
alien, a licensee shall:
(a)
inspect the sender's valid identification; and
(b)
maintain a record of the valid identification for five years.
(3)
(a)
A licensee who initiates an international money transmission in violation of
Subsection
(1)
shall pay a penalty equal to 25% of the United States dollar amount
transferred, excluding any fees or charges imposed by the licensee.
(b)
A licensee shall remit to the department the amount of any penalty owed, along with
any forms prescribed by the department, by the 15th day of the month after the close
of each calendar quarter.
(c)
Notwithstanding any other provision of law, the penalty imposed in this paragraph is
the only remedy for a violation of Subsection
(3)(a)
and a licensee may not be subject
to any other penalty.
(4)
For enforcement purposes, the department may at any time request, and the licensee
shall provide, records of documentation described in Subsection
(2)(b)
.
(5)
A person who has a good faith belief that a licensee is failing to comply with Subsection
(1)
may file a complaint with the department, to be investigated in accordance with
Section
7-25-405
.
(6)
(a)
Beginning July 1, 2026, the department shall conduct random quarterly audits of
licensees to ensure compliance with Subsection
(2)(b)
.
(b)
During an audit described in Subsection
(6)(a)
, the licensee shall produce to the
department the records of documentation described in Subsection
(2)(b)
.
(7)
Except as provided in Subsection
(3)(c)
, a licensee who fails to comply with this section
is subject to the penalties described in Section
7-25-405
.
Section 4. 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 employer" means a person who
for federal taxation purposes is required to provide a federal form:
(i)
to an individual who performs services for the person in Utah; and
(ii)
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 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)
.
(5)
"Unauthorized alien" means an individual who is unlawfully present in the United
States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C.
Sec. 1101 et seq.
Section 5. Section
13-47-104
is enacted to read:
13-47-104
. Unauthorized aliens -- Employment prohibited -- Penalties -- Right of
action --Rulemaking and enforcement.
(1)
A person may not knowingly employ or hire, for private employment within the state,
an employee who is an unauthorized alien.
(2)
Except as provided in Subsection
(3)
:
(a)
a first violation of Subsection
(1)
is subject to:
(i)
the suspension of the business license held by the person for one year; and
(ii)
a fine not to exceed $10,000;
(b)
a second violation of Subsection
(1)
is subject to:
(i)
the suspension of the business license held by the person for five years; and
(ii)
a fine not to exceed $100,000; and
(c)
a third violation of Subsection
(1)
is subject to:
(i)
the permanent revocation of the business license held by the person; and
(ii)
a fine not to exceed $250,000.
(3)
If a person violates Subsection
(1)
and the actions of the unauthorized alien who is the
subject of the violation of Subsection
(1)
result in:
(a)
an injury to another individual, the person is subject to:
(i)
the suspension of the business license held by the person for five years; and
(ii)
a fine not to exceed $100,000; or
(b)
the death of another individual, the person is subject to:
(i)
the permanent revocation of the business license held by the person; and
(ii)
a fine not to exceed $500,000.
(4)
Except as provided in Subsection
(6)
, an individual, or the estate of an individual, who
is injured or killed as a result of the actions of an unauthorized alien described in
Subsection
(3)
, has a right of action against the person who violated Subsection
(3)
.
(5)
The department shall:
(a)
permanently revoke a business license of a person if the person is found guilty of
unlawfully employing multiple unauthorized aliens in violation of Section
76-14-210
;
and
(b)
maintain a record of persons for whom a business license has been revoked.
(6)
A person does not violate this section if the person meets the requirements of Section
13-47-202
.
(7)
The department shall:
(a)
administer and enforce this section; and
(b)
make rules for the administration of this section in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(8)
(a)
An adjudicative proceeding under this section shall be conducted in accordance
with Title 63G, Chapter 4, Administrative Procedures Act.
(b)
In an adjudicative proceeding under this section, any order issued by the executive
director shall comply with Section
63G-4-208
, whether the proceeding is a formal or
an informal adjudicative proceeding under Title 63G, Chapter 4, Administrative
Procedures Act.
(9)
An individual who uses fraudulent identification documentation, or the identification
documentation of another individual, for the purpose of obtaining employment is subject
to criminal prosecution, including, as applicable, under:
(a)
Title 76, Chapter 6, Part 5, Fraud; or
(b)
Title 76, Chapter 6, Part 11, Identity Fraud Act.
Section 6. Section
17-72-505
is amended to read:
17-72-505
. Citizenship determination of prisoners -- Notification to and
coordination with federal authorities when releasing certain individuals.
(1)
The sheriff shall make a reasonable effort to determine the citizenship status of a
prisoner charged with a felony or driving under the influence under Section
41-6a-502
.
(2)
If a prisoner described in Subsection
(1)
is a foreign national, the sheriff shall make a
reasonable effort to verify that:
(a)
the individual has been lawfully admitted into the United States; and
(b)
the individual's lawful status has not expired.
(3)
(a)
If the sheriff cannot verify the lawful status of a prisoner described in Subsection
(1)
from documents in the prisoner's possession, the sheriff shall attempt to verify
that status within 48 hours of the prisoner's confinement at the jail through contacting:
(i)
the Law Enforcement Support Center of the United States Department of
Homeland Security; or
(ii)
an office or agency designated for citizenship status verification by the United
States Department of Homeland Security.
(b)
The sheriff shall notify the United States Department of Homeland Security of a
prisoner whose lawful citizenship status cannot be verified under Subsection
(2)
or
(3)(a)
.
(4)
In accordance with Title
77, Chapter 20
, Bail, it is a rebuttable presumption for the
purpose of determining whether to grant pretrial release that an individual who is
verified under this section as a foreign national not lawfully admitted into the United
States is at risk of flight.
(5)
(a)
As soon as practicable before the day of release, the sheriff shall notify the United
States Department of Homeland Security, or other relevant federal agency in charge
of handling immigration violations or deportations, when the sheriff is preparing to
release an individual from the county jail who:
(i)
is being released after serving the individual's jail sentence for:
(A)
a class A misdemeanor described under Subsection
76-3-204(1)(b)(i)
; or
(B)
a felony; and
(ii)
is unlawfully present in the United States.
(b)
The sheriff shall coordinate with federal authorities to transfer the custody of a
released individual into federal custody as may be required under Subsection
(5)(a)
.
(c)
The requirements described in Subsection
(5)(a)
do not prohibit a sheriff from
notifying or working with the United States Department of Homeland Security, or
other relevant federal agency in charge of handling immigration violations or
deportations, at any time with regard to an individual who is at the county jail or
otherwise in the sheriff's custody.
(6)
In accordance with Section
76-14-205
, a sheriff or sheriff's designee who operates a
county jail shall, upon request from a federal immigration agency, provide the
requesting federal immigration agency:
(a)
a list of all prisoners who are held at the county jail; and
(b)
information regarding each prisoner's immigration status.
Section 7. Section
34A-2-104
is amended to read:
34A-2-104
. "Employee," "worker," and "operative" defined -- Specific
circumstances -- Exemptions.
(1)
As used in this chapter and
Chapter 3, Utah Occupational Disease Act
, "employee,"
"worker," and "operative" mean:
(a)
(i)
an elective or appointive officer and any other person:
(A)
in the service of:
(I)
the state;
(II)
a county, city, or town within the state; or
(III)
a school district within the state;
(B)
serving the state, or any county, city, town, or school district under:
(I)
an election;
(II)
appointment; or
(III)
any contract of hire, express or implied, written or oral; and
(ii)
including:
(A)
an officer or employee of the state institutions of learning; and
(B)
a member of the Utah National Guard or Utah State Defense Force while on
state active duty; and
(b)
a person in the service of any employer, as defined in Section
34A-2-103
, who
employs one or more workers or operatives regularly in the same business, or in or
about the same establishment:
(i)
under any contract of hire:
(A)
express or implied; and
(B)
oral or written;
(ii)
including
:
(A)

aliens
authorized to work under federal law;
and
(B)
minors, whether legally or illegally working for hire; and
(iii)
not including any person whose employment:
(A)
is casual; and
(B)
not in the usual course of the trade, business, or occupation of the employee's
employer.
(2)
(a)
Unless a lessee provides coverage as an employer under this chapter and
Chapter
3, Utah Occupational Disease Act
, any lessee in mines or of mining property and
each employee and sublessee of the lessee shall be:
(i)
covered for compensation by the lessor under this chapter and
Chapter 3, Utah
Occupational Disease Act
;
(ii)
subject to this chapter and
Chapter 3, Utah Occupational Disease Act
; and
(iii)
entitled to the benefits of this chapter and
Chapter 3, Utah Occupational Disease
Act
, to the same extent as if the lessee, employee, or sublessee were employees of
the lessor drawing the wages paid employees for substantially similar work.
(b)
The lessor may deduct from the proceeds of ores mined by the lessees an amount
equal to the insurance premium for that type of work.
(3)
(a)
(i)
Except as provided in Subsection
(3)(b)
, a partnership or sole proprietorship
may elect to include any partner of the partnership or owner of the sole
proprietorship as an employee of the partnership or sole proprietorship under this
chapter and
Chapter 3, Utah Occupational Disease Act
.
(ii)
If a partnership or sole proprietorship makes an election under Subsection
(3)(a)
,
the partnership or sole proprietorship shall serve written notice upon its insurance
carrier naming the persons to be covered.
(iii)
A partner of a partnership or owner of a sole proprietorship may not be
considered an employee of the partner's partnership or the owner's sole
proprietorship under this chapter or
Chapter 3, Utah Occupational Disease Act
,
until the notice described in Subsection
(3)(a)(ii)
is given.
(iv)
For premium rate making, the insurance carrier shall assume the salary or wage
of the partner or sole proprietor electing coverage under Subsection
(3)(a)(i)
to be
100% of the state's average weekly wage.
(b)
A partner of a partnership or an owner of a sole proprietorship is an employee of the
partnership or sole proprietorship under this chapter and
Chapter 3, Utah
Occupational Disease Act
, if:
(i)
the partnership or sole proprietorship:
(A)
is a motor carrier; and
(B)
employs at least one individual who is not a partner or an owner; and
(ii)
the partner or owner personally operates a motor vehicle for the motor carrier.
(4)
(a)
Except as provided in Subsection
(4)(g)
, a corporation may elect not to include
any director or officer of the corporation as an employee under this chapter and
Chapter 3, Utah Occupational Disease Act
.
(b)
If a corporation makes an election under Subsection
(4)(a)
, the corporation shall
serve written notice naming the individuals who are directors or officers to be
excluded from coverage:
(i)
upon its insurance carrier, if any; or
(ii)
upon the commission if the corporation is self-insured or has no employee other
than the one or more directors or officers being excluded.
(c)
A corporation may exclude no more than five individuals who are directors or
officers under Subsection
(4)(b)(ii)
.
(d)
An exclusion under this Subsection
(4)
is subject to Subsection
34A-2-103(7)(d)
.
(e)
A director or officer of a corporation is considered an employee under this chapter
and
Chapter 3, Utah Occupational Disease Act
, until the notice described in
Subsection
(4)(b)
is given.
(f)
The commission may make rules, in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, regarding the form of the notice described in
Subsection
(4)(b)(ii)
, including a requirement to provide documentation, if any.
(g)
Subsection
(4)(a)
does not apply to a director or an officer of a motor carrier if the
director or officer personally operates a motor vehicle for the motor carrier.
(5)
As used in this chapter and
Chapter 3, Utah Occupational Disease Act
, "employee,"
"worker," and "operative" do not include:
(a)
a sales agent or associate broker, as defined in Section
61-2f-102
, who performs
services in that capacity for a principal broker if:
(i)
substantially all of the sales agent's or associate broker's income for services is
from real estate commissions; and
(ii)
the sales agent's or associate broker's services are performed under a written
contract that provides that:
(A)
the real estate agent is an independent contractor; and
(B)
the sales agent or associate broker is not to be treated as an employee for
federal income tax purposes;
(b)
an offender performing labor under Section
64-13-16
or
64-13-19
, except as required
by federal statute or regulation;
(c)
an individual who for an insurance producer, as defined in Section
31A-1-301
,
solicits, negotiates, places, or procures insurance if:
(i)
substantially all of the individual's income from those services is from insurance
commissions; and
(ii)
the services of the individual are performed under a written contract that states
that the individual:
(A)
is an independent contractor;
(B)
is not to be treated as an employee for federal income tax purposes; and
(C)
can derive income from more than one insurance company; or
(d)
subject to Subsections
(6)
,
(7)
, and
(8)
, an individual who:
(i)
(A)
owns a motor vehicle; or
(B)
leases a motor vehicle to a motor carrier;
(ii)
personally operates the motor vehicle described in Subsection
(5)(d)(i)
;
(iii)
operates the motor vehicle described in Subsection
(5)(d)(i)
under a written
agreement with the motor carrier that states that the individual operates the motor
vehicle as an independent contractor; and
(iv)
(A)
provides to the motor carrier at the time the written agreement described in
Subsection
(5)(d)(iii)
is executed or as soon after the execution as provided by
the commission, a copy of a workers' compensation coverage waiver issued
pursuant to
Part 10, Workers' Compensation Coverage Waivers Act
, to the
individual; and
(B)
provides to the motor carrier at the time the written agreement described in
Subsection
(5)(d)(iii)
is executed or as soon after the execution as provided by
an insurer, proof that the individual is covered by occupational accident related
insurance with the coverage and benefit limits listed in Subsection
(7)(c)
; or
(e)
an individual who is:
(i)
18 years old or older; and
(ii)
an unauthorized alien as that term is defined in Section
34A-2-104.6
.
(6)
An individual described in Subsection
(5)(d)
may become an employee under this
chapter and
Chapter 3, Utah Occupational Disease Act
, if the employer of the individual
complies with:
(a)
this chapter and
Chapter 3, Utah Occupational Disease Act
; and
(b)
commission rules.
(7)
As used in this section:
(a)
"Motor carrier" means a person engaged in the business of transporting freight,
merchandise, or other property by a commercial vehicle on a highway within this
state.
(b)
"Motor vehicle" means a self-propelled vehicle intended primarily for use and
operation on the highways, including a trailer or semitrailer designed for use with
another motorized vehicle.
(c)
"Occupational accident related insurance" means insurance that provides the
following coverage at a minimum aggregate policy limit of $1,000,000 for all
benefits paid, including medical expense benefits, for an injury sustained in the
course of working under a written agreement described in Subsection
(5)(d)(iii)
:
(i)
disability benefits;
(ii)
death benefits; and
(iii)
medical expense benefits, which include:
(A)
hospital coverage;
(B)
surgical coverage;
(C)
prescription drug coverage; and
(D)
dental coverage.
(8)
For an individual described in Subsection
(5)(d)
:
(a)
if the individual is not covered by a workers' compensation policy, the individual
shall obtain:
(i)
occupational accident related insurance; and
(ii)
a waiver in accordance with
Part 10, Workers' Compensation Coverage Waivers
Act
; and
(b)
the commission shall verify the existence of occupational accident insurance
coverage with the coverage and benefit limits listed in Subsection
(7)(c)
before the
commission may issue a workers' compensation coverage waiver to the individual
pursuant to
Part 10, Workers' Compensation Coverage Waivers Act
.
Section 8. Section
34A-2-104.6
is enacted to read:
34A-2-104.6
. Employer liability for employment-based injuries to unauthorized
aliens.
(1)
As used in this section, "unauthorized alien" means an individual who is unlawfully
present in the United States according to the terms of the federal Immigration and
Nationality Act, 8 U.S.C. Sec. 1101 et seq.
(2)
An employer who knowingly hires or employs an unauthorized alien is personally and
fully liable for all medical and treatment costs and related expenses resulting from an
injury sustained by the unauthorized alien in the scope of the unauthorized alien's
employment.
(3)
An employer may not transfer or otherwise shift financial responsibility for medical or
treatment costs or related expenses resulting from an unauthorized alien's injury to any
third party, including an insurance company, a state agency, or any other entity.
(4)
An employer who violates this section is subject to:
(a)
a fine not to exceed $50,000 per violation;
(b)
an order for reimbursement of any public funds expended to provide medical care or
related expenses for the unauthorized alien; and
(c)
revocation of the employer's business license, registration, or certification issued by
the appropriate licensing authority.
(5)
The division shall investigate and enforce a violation of this section in accordance with
the procedures in this chapter.
Section 9. Section
34A-2-115
is enacted to read:
34A-2-115
. Verification requirements before submitting a workers'
compensation claim.
(1)
As used in this section, "status verification system" means the same as that term is
defined in Section
13-47-102
.
(2)
Before an employer may submit a claim for workers' compensation benefits for an
employee, the employer must first verify the employee's employment eligibility through
the status verification system.
(3)
If an employer fails to check an employee's employment eligibility through the status
verification system before submitting a claim for workers' compensation benefits, the
employer is:
(a)
ineligible to receive indemnity or medical coverage from the employer's workers'
compensation insurance provider for injuries sustained by the employee; and
(b)
personally liable for all costs, expenses, and benefits that would have otherwise been
covered under this chapter.
(4)
(a)
An employer shall retain a copy of the documentation provided and any
verification generated, if applicable, by the status verification system for each
employee.
(b)
The employer shall provide such documentation or verification to the division or
insurer upon request.
(5)
This section does not provide any employment rights or legal status for an individual
who is verified through the status verification system.
(6)
The division may adopt rules to implement and enforce this section in accordance with
the procedures in this chapter.
Section 10. Section
53-3-407
is amended to read:
53-3-407
. Qualifications for commercial driver license -- Fee -- Third parties
may administer skills test.
(1)
(a)
As used in this section, "CDL driver training school" means a business enterprise
conducted by an individual, association, partnership, or corporation that:
(i)
educates and trains persons, either practically or theoretically, or both, to drive
commercial motor vehicles; and
(ii)
prepares an applicant for an examination under Subsection
(2)(a)(iii)
.
(b)
A CDL driver training school may charge a consideration or tuition for the services
provided under Subsection
(1)(a)
.
(2)
(a)
Except as provided in Subsection
(2)(c)
, a CDL may be issued only to a person
who:
(i)
is a resident of this state or is an out-of-state resident if the person qualifies for a
non-domiciled CDL as defined in 49 C.F.R.
Part 383
;
(ii)
has held a CDIP for a minimum of 14 days prior to taking the skills test under 49
C.F.R.
Part 383
, including a person who is upgrading a CDL class or endorsement
requiring a skills test under 49 C.F.R.
Part 383
;
(iii)
has passed a test of knowledge and skills for driving a commercial motor vehicle,
that complies with minimum standards established by federal regulation in 49
C.F.R.
Part 383
, Subparts G and H; and
(iv)
has complied with all requirements of 49 C.F.R.
Part 383
and other applicable
state laws and federal regulations.
(b)
A person who applies for a CDL is exempt from the requirement to pass a skills test
to be eligible for the license if the person:
(i)
is a resident of the state of Utah;
(ii)
has successfully completed a skills test administered by a state or a party
authorized by a state or jurisdiction that is compliant with 49 C.F.R.
Part 383
; and
(iii)
held a valid Utah CDIP at the time the test was administered.
(c)
The department shall waive any tests specified in this section for a commercial driver
license applicant who, subject to the limitations and requirements of 49 C.F.R. Sec.
383.77, meets all certifications required for a waiver under 49 C.F.R. Sec. 383.77 and
certifies that the applicant:
(i)
is a member of the active or reserve components of any branch or unit of the
armed forces or a veteran who received an honorable or general discharge from
any branch or unit of the active or reserve components of the United States Armed
Forces;
(ii)
is or was regularly employed in a position in the armed forces requiring operation
of a commercial motor vehicle; and
(iii)
has legally operated, while on active duty for at least two years immediately
preceding application for a commercial driver license, a vehicle representative of
the commercial motor vehicle the driver applicant operates or expects to operate.
(d)
An applicant who requests a waiver under Subsection
(2)(c)
shall present a
completed application for a military skills test waiver at the time of the request.
(3)
Tests required under this section shall be prescribed and administered by the division.
(4)
The division shall authorize a person, an agency of this state, an employer, a private
driver training facility or other private institution, or a department, agency, or entity of
local government to administer the skills test required under this section if:
(a)
the test is the same test as prescribed by the division, and is administered in the same
manner; and
(b)
the party authorized under this section to administer the test has entered into an
agreement with the state that complies with the requirements of 49 C.F.R. Sec.
383.75.
(5)
(a)
An out-of-state resident who holds a valid CDIP issued by a state or jurisdiction
that is compliant with 49 C.F.R.
Part 383
may take a skills test administered by a
party authorized under this section.
(b)
A person authorized under this section to administer the skills test may charge a fee
for administration of the skills test.
(c)
A person authorized under this section to administer the skills test shall:
(i)
electronically transmit skills test results for an out-of-state resident to the licensing
agency in the state or jurisdiction in which the person has obtained a valid CDIP;
and
(ii)
provide the out-of-state resident with documentary evidence upon successful
completion of the skills test.
(6)
A person who has an appointment with the division for testing and fails to keep the
appointment or to cancel at least 48 hours in advance of the appointment shall pay the
fee under Section
53-3-105
.
(7)
A person authorized under this section to administer the skills test is not criminally or
civilly liable for the administration of the test unless he administers the test in a grossly
negligent manner.
(8)
The division may waive the skills test required under this section if it determines that
the applicant meets the requirements of 49 C.F.R. Sec. 383.77.
(9)
Except as allowed under federal law, the division shall:
(a)
require that all licensing procedures, prelicensing instruction, and licensing testing
under this part is conducted only in English; and
(b)
prohibit the use of an interpreter, translator, or alternative language accommodations.
Section 11. Section
53-13-106.8
is amended to read:
53-13-106.8
. State and local law enforcement officers and federal employees --
Use of correctional and communication facilities.
State and local government agencies
Except as provided in Section
76-14-205
, a state
or local government agency
may not allow any federal agency access to or use of the
correctional and communication facilities and equipment of any state or local law enforcement
agency without the express written consent of the appropriate responsible official of the state
or local law enforcement agency.
Section 12. Section
63A-4-101.1
is amended to read:
63A-4-101.1
. Definitions.
As used in this chapter:
(1)
"Captive insurance company" means the same as that term is defined in Section
31A-37-102
.
(2)
"Covered entity" means a participating entity of:
(a)
the Risk Management Fund; or
(b)
any captive insurance company created by the risk manager.
(3)
"Unauthorized alien" means an individual who is unlawfully present in the United
States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C.
Sec. 1101 et seq.
Section 13. Section
63A-4-102
is amended to read:
63A-4-102
. Risk manager -- Powers.
(1)
The risk manager may:
(a)
enter into contracts;
(b)
form one or more captive insurance companies authorized under
Title 31A, Chapter
37, Captive Insurance Companies Act
;
(c)
purchase insurance or reinsurance;
(d)
except as provided in Subsection
(5)
,
adjust, settle, and pay claims;
(e)
pay expenses and costs;
(f)
study the risks of all covered entities and properties;
(g)
issue certificates of coverage or insurance for covered entities with respect to any
risks covered by the Risk Management Fund or any captive insurance company
created by the risk manager;
(h)
make recommendations about risk management and risk reduction strategies to
covered entities;
(i)
in consultation with the attorney general, prescribe insurance, indemnification, and
liability provisions to be included in all state contracts;
(j)
review covered entity building construction, major remodeling plans, program plans,
and make recommendations to the covered entity about needed changes to address
risk considerations;
(k)
attend covered entity planning and management meetings when necessary;
(l)
review any proposed legislation and communicate with legislators and legislative
committees about the liability or risk management issues connected with any
legislation; and
(m)
solicit any needed information about covered entity plans, programs, or risks
necessary to perform the risk manager's responsibilities under this part.
(2)
(a)
The risk manager may expend money from the Risk Management Fund to procure
and provide coverage to all covered entities and their indemnified employees, except
those entities or employees specifically exempted by statute.
(b)
The risk manager shall apportion the costs of that coverage according to the
requirements of this part.
(3)
Before charging a rate, fee, or other amount to an executive branch agency, or to a
subscriber of services other than an executive branch agency, the director shall:
(a)
submit the proposed rates, fees, or other amount and cost analysis to the Rate
Committee established in Section
63A-1-114
; and
(b)
obtain the approval of the Legislature as required by Section
63J-1-410
.
(4)
The director shall conduct a market analysis by July 1, 2005, and periodically thereafter,
of proposed rates and premiums, which analysis shall include a comparison of the
division's rates and premiums with the rates and premiums of other public or private
sector providers where comparable services and rates are reasonably available.
(5)
(a)
Except as provided in Subsection
(5)(b)
, the risk manager may not adjust, settle,
or pay a claim relating to:
(i)
an unauthorized alien; or
(ii)
an individual who fails to provide lawful documentation of citizenship to the risk
manager.
(b)
A risk manager may adjust, settle, or pay a claim relating to an individual described
in Subsection
(5)(a)
who is 17 years old or younger.
Section 14. 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
;
(iii)
a license or certification issued under:
(A)
Title 13, Commerce and Trade;
(B)
Title 31A, Insurance Code;
(C)
Title 58, Occupations and Professions; or
(D)
Title 61, Securities Division - Real Estate Division; or
(iv)
assistance as a first-time home buyer under Title 63H, Chapter 8, Part 5,
First-Time Homebuyer Assistance Program
.
(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;
(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)
(g)
a state public benefit to be given to an individual under Title
49, Utah State
Retirement and Insurance Benefit Act
;
(i)
(h)
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)
(i)
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)
(3)(h)
;
and
(k)
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)
(j)
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. 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 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 15. Section
63H-8-501
is amended to read:
63H-8-501
. Definitions.
As used in this part:
(1)
(a)
"First-time homebuyer" means an individual
who is lawfully present in the United
States and
who satisfies:
(i)
the three-year requirement described in Section 143(d) of the Internal Revenue
Code of 1986, as amended, and any corresponding federal regulations; and
(ii)
requirements made by the corporation by rule, as described in Section
63H-8-502
.
(b)
"First-time homebuyer" includes a single parent, as defined by the corporation by
rule made as described in Section
63H-8-502
, who would meet the three-year
requirement described in Subsection
(1)(a)(i)
but for a present ownership interest in a
principal residence in which the single parent:
(i)
had a present ownership interest with the single parent's former spouse during the
three-year period;
(ii)
resided while married during the three-year period; and
(iii)
no longer:
(A)
has a present ownership interest; or
(B)
resides.
(2)
"Home equity amount" means the difference between:
(a)
(i)
in the case of a sale, the sales price for which the qualifying residential unit is
sold by the recipient in a bona fide sale to a third party with no right to repurchase
less an amount up to 1% of the sales price used for seller-paid closing costs; or
(ii)
in the case of a refinance, the current appraised value of the qualifying residential
unit; and
(b)
the total payoff amount of any qualifying mortgage loan that was used to finance the
purchase of the qualifying residential unit.
(3)
"Program" means the First-Time Homebuyer Assistance Program created in Section
63H-8-502
.
(4)
"Program funds" means money appropriated for the program.
(5)
"Qualifying mortgage loan" means a mortgage loan that:
(a)
is purchased by the corporation; and
(b)
is subject to a document that is recorded in the office of the county recorder of the
county in which the residential unit is located.
(6)
"Qualifying residential unit" means a residential unit that:
(a)
is located in the state;
(b)
is new construction or newly constructed but not yet inhabited;
(c)
is financed by a qualifying mortgage loan;
(d)
is owner-occupied within 60 days of purchase, or in the case of a two-unit dwelling,
at least one unit is owner-occupied within 60 days of purchase; and
(e)
is purchased for an amount that does not exceed:
(i)
$450,000; or
(ii)
if applicable, the maximum purchase price established by the corporation under
Section
63H-8-502
.
(7)
"Recipient" means a first-time homebuyer who receives program funds.
(8)
(a)
"Residential unit" means a house, condominium, townhome, or similar residential
structure that serves as a one-unit dwelling or forms part of a two-unit dwelling.
(b)
"Residential unit" includes a manufactured home or modular home that is attached to
a permanent foundation.
Section 16. Section
76-14-201
is amended to read:
2. Offenses and Requirements Related to Immigration Status
76-14-201
. Definitions.
As used in this part:
(1)
"Alien" means an individual who is not a citizen or national of the United States.
(2)
(a)
"Federal immigration authority" means a federal agency or entity that has the
authority to detect, investigate, or enforce a violation of federal immigration law.
(b)
"Federal immigration authority" includes:
(i)
the United States Department of Homeland Security;
(ii)
the United States Immigration and Customs Enforcement;
(iii)
the United States Citizenship and Immigration Services; and
(iv)
the United States Customs and Border Protection.
(2)
(3)
"ICE" means the federal Immigration and Customs Enforcement agency of the
United States Department of Homeland Security.
(4)
"Immigration detainer" means a written or electronic request issued by a federal
immigration authority using that agency's official form to request that another law
enforcement agency detain an individual based on probable cause to believe that the
individual to be detained is a removable alien under federal immigration law.
(5)
"Law enforcement agency" means an entity of the state, or a political subdivision of the
state, that exists primarily to prevent and detect crime and enforce criminal laws,
statutes, or ordinances.
(3)
(6)
"Law enforcement officer" has the same meaning as in Section
53-13-103
.
(4)
(7)
"SAVE program" means the federal Systematic Alien Verification for Entitlements
program operated by the federal Department of Homeland Security.
(5)
(8)
"State or local governmental agency" includes a private contractor or vendor that
contracts with the agency to provide the agency's functions or services.
(6)
(9)
"Verify immigration status" or "verification of immigration status" means the
determination of an individual's immigration status by:
(a)
a law enforcement officer who is authorized by a federal agency to determine an
alien's immigration status; or
(b)
the United States Department of Homeland Security, ICE, or other federal agency
authorized to provide immigration status as provided by 8 U.S.C. Sec. 1373(c).
Section 17. Section
76-14-202
is amended to read:
76-14-202
. Detention or arrest -- Determination of immigration status.
(1)
(a)
Except as provided in Subsection
(1)(b)
,
(c)
, or
(d)
, a law enforcement officer
who, acting in the enforcement of a state law or local ordinance, conducts a lawful
stop, detention, or arrest of an individual as specified in Subsection
(1)(a)(i)
or
(ii)
,
and the individual is unable to provide to the law enforcement officer a document
listed in Subsection
76-14-203(1)
and the law enforcement officer is otherwise
unable to verify the identity of the individual, the law enforcement officer:
(i)
shall request verification of the citizenship or the immigration status of the
individual under 8 U.S.C. Sec. 1373(c), except as allowed under Subsection
(1)(b)
,
(c)
, or
(d)
, if the individual is arrested for an alleged offense that is a class A
misdemeanor or a felony; and
(ii)
may attempt to verify the immigration status of the individual, except as
exempted under Subsection
(1)(b)
,
(c)
, or
(d)
, if the alleged offense is a class B or
C misdemeanor, except that if the individual is arrested and booked for a class B
or C misdemeanor, the arresting law enforcement officer or the law enforcement
agency booking the individual shall attempt to verify the immigration status of the
individual.
(b)
In individual cases, the law enforcement officer may forego the verification of
immigration status under Subsection
(1)(a)
if the determination could hinder or
obstruct a criminal investigation.
(c)
Subsection
(1)(a)
does not apply to a law enforcement officer who is acting as a
school resource officer for an elementary or secondary school.
(d)
Subsection
(1)(a)
does not apply to a county or municipality when it has only one
law enforcement officer on duty and response support from another law enforcement
agency is not available.
(2)
When a law enforcement officer makes a lawful stop, detention, or arrest under
Subsection
(1)
of the operator of a vehicle, and while investigating or processing the
primary offense, the law enforcement officer makes observations that give the law
enforcement officer reasonable suspicion that the operator or any of the passengers in
the vehicle are violating Section
76-5-308
,
76-5-308.1
,
76-5-308.3
,
76-5-308.5
,
76-5-310
,
76-5-310.1
, or
76-14-209
, which concern smuggling, human trafficking, or transporting
illegal aliens, the law enforcement officer shall, to the extent possible within a
reasonable period of time:
(a)
detain the occupants of the vehicle to investigate the suspected violations; and
(b)
inquire regarding the immigration status of the occupants of the vehicle.
(3)
When an individual under Subsection
(1)
is arrested or booked into a jail, juvenile
detention facility, or correctional facility, the arresting officer or the booking officer
shall ensure that a request for verification of immigration status of the arrested or
booked individual is submitted as promptly as is reasonably possible.
(4)
The law enforcement agency that has custody of an individual verified to be an illegal
alien shall request that the United States Department of Homeland Security issue
a
an
immigration
detainer requesting transfer of the illegal alien into federal custody.
(5)
A law enforcement officer may not consider race, color, or national origin in
implementing this section, except to the extent permitted by the constitutions of the
United States and this state.
Section 18. Section
76-14-205
is amended to read:
76-14-205
. Enforcement of federal immigration laws -- Cooperation and
information requirements -- Exceptions -- Enforcement.
(1)
A state or local governmental agency of this state, or a representative of the agency,
may not
limit or restrict by ordinance, regulation, or policy, the authority of a law
enforcement agency or other state or local governmental agency
:
(1)
(a)
limit or restrict by ordinance, regulation, or policy the authority of a law
enforcement agency or other governmental agency
to assist the federal government
in the enforcement of any federal law or regulation governing immigration
; or
,
including:
(i)
complying with an immigration detainer;
(ii)
complying with a request from a federal immigration authority to notify the
federal immigration authority before the release of an inmate or prisoner in the
custody of a law enforcement agency;
(iii)
providing a federal immigration authority access to an inmate or prisoner for an
interview;
(iv)
providing a federal immigration authority with an inmate's or prisoner's
incarceration status or release date;
(v)
providing information to a state entity on the immigration status of an inmate,
prisoner, or detainee in the custody of the law enforcement agency;
(vi)
executing a lawful judicial warrant; or
(vii)
participating in a federal immigration operation with a federal immigration
authority as permitted by federal and state law; or
(2)
(b)
limit or restrict by ordinance, regulation, or policy the authority of a law
enforcement agency
to investigate or enforce a violation of the federal misdemeanor
offenses of willful failure to register as an alien or willful failure to personally
possess an alien registration document as required by 8 U.S.C. Sec. 1304(e) or
1306(a).
(2)
(a)
A state or local law enforcement agency, including an official responsible for
directing or supervising a state or local law enforcement agency, shall use the
agency's or official's best efforts to support the enforcement of federal immigration
law.
(b)
Subsection
(2)(a)
applies to an employee of a law enforcement agency while the
employee is acting within the scope of the employee's employment.
(3)
A state or local governmental entity or law enforcement agency may not prohibit or in
any way restrict a law enforcement officer from executing or assisting in the execution
of a lawful judicial warrant.
(4)
Except as provided in Subsection
(5)
or
(6)
or prohibited by federal law, a state or local
governmental entity or law enforcement agency, or an employee, an agent, or a
representative of the entity or agency, may not prohibit or in any way restrict a law
enforcement agency from taking any of the following actions with respect to information
regarding an individual's immigration status:
(a)
sending the information to, or requesting, receiving, or reviewing the information
from, a federal immigration authority for purposes of this part;
(b)
recording and maintaining the information for purposes of this part;
(c)
exchanging the information with a federal immigration authority or another state
entity or local governmental entity, or law enforcement agency, for purposes of this
part;
(d)
using the information to comply with an immigration detainer;
(e)
using the information to confirm the identity of an individual who is detained by a
law enforcement agency; or
(f)
providing the information under Section
17-72-505
.
(5)
(a)
This section does not require a state or local governmental entity, or law
enforcement agency, to provide a federal immigration authority with information
related to a victim of, or a witness to, a criminal offense if:
(i)
the victim or witness is necessary to the investigation or prosecution of a crime,
and such crime occurred in the United States; and
(ii)
the victim or witness timely and in good faith:
(A)
responds to the entity's or agency's request for information; and
(B)
cooperates in the investigation or prosecution of the offense.
(b)
A state or local governmental entity, or law enforcement agency, that withholds
information regarding the immigration information of a victim of, or witness to, a
criminal offense under Subsection
(5)(a)
shall:
(i)
document the victim's or witness's cooperation in the entity's or agency's
investigative records related to the offense; and
(ii)
retain the records for at least 10 years for the purpose of an audit, verification, or
inspection by the state auditor.
(6)
(a)
(i)
This section does not apply to an alien unlawfully present in the United
States if the alien is or has been a necessary witness or victim of a crime
committed in the United States involving domestic violence, rape, sexual
exploitation, sexual assault, murder, manslaughter, assault, human trafficking,
kidnapping, extortion, or witness tampering.
(ii)
A law enforcement agency shall verify that the alien is a necessary witness or a
victim to a crime described in Subsection
(6)(a)(i)
, including reviewing
documentation that may include a police report, testimony, a sworn statement, or a
victim impact statement.
(b)
This section does not apply to the release of information contained in education
records of an educational agency or institution, except in conformity with the Family
Educational Rights and Privacy Act of 1974, 20 U.S.C. Sec. 1232g.
(7)
This section does not authorize a law enforcement agency to detain an alien unlawfully
present in the United States in accordance with an immigration detainer solely because
the alien witnessed or reported a crime or was a victim of a criminal offense.
(8)
(a)
The attorney general may investigate and file suit against a state or local
governmental entity for declaratory or injunctive relief for a violation of this section.
(b)
If an officer of a state or local entity fails to substantially comply with a provision of
this section:
(i)
for an officer described in Section
77-5-1
, the officer's failure may result in
impeachment as provided in Title 77, Chapter 5, Impeachments; or
(ii)
for an officer described in Section
77-6-1
, the officer's failure constitutes
malfeasance in office under Section
77-6-1
, and may result in removal from office
as provided in Title 77, Chapter 6, Removal by Judicial Proceedings.
Section 19. Section
76-14-205.1
is enacted to read:
76-14-205.1
. Duties relating to an immigration detainer -- Enforcement.
(1)
A law enforcement agency that has custody of an individual who is subject to an
immigration detainer shall:
(a)
provide notice that the individual is subject to an immigration detainer to the county
jail official, magistrate, or court that may make a determination regarding the
individual's pretrial release under Title 77, Chapter 20, Bail;
(b)
record in the individual's file that the individual is subject to an immigration detainer;
(c)
comply with the requests made in the immigration detainer; and
(d)
notify the attorney general that the individual is subject to an immigration detainer.
(2)
A law enforcement agency is not required to perform a duty imposed by Subsection
(1)(a)
or
(b)
regarding an individual who is transferred to the custody of the agency by
another law enforcement agency if the transferring agency performed the duty before the
transfer.
(3)
A magistrate or court that receives notice that an individual is subject to an immigration
detainer shall include a reference in the court record to the immigration detainer.
(4)
(a)
If a state or local governmental agency adopts an ordinance, regulation, rule, or
policy of refusing to comply with, or directing officials, employees, or others to
refuse to comply with, an immigration detainer, the attorney general shall initiate an
action to enforce compliance.
(b)
A court, upon finding a state or local governmental agency's noncompliance with
Subsection
(4)(a)
, shall:
(i)
enjoin the application of the ordinance, regulation, rule, or policy; and
(ii)
issue a permanent injunction against the state or local government agency to
prohibit the state or local government agency from enforcing the ordinance,
regulation, rule, or policy.
(c)
It is not a defense to a violation of Subsection
(4)(a)
that the state or local
governmental agency, when enacting the ordinance, regulation, rule, or policy, was
acting in good faith or upon advice of counsel.
(d)
If a court determines that a violation of Subsection
(4)(a)
was knowing and willful,
the court shall assess a civil fine of up to $5,000 against the state or local
governmental agency's elected or appointed official or officials or administrative
agency head under whose jurisdiction the violation occurred.
(e)
Except as required by applicable law, public funds may not be used to defend or
reimburse the unlawful conduct of any person found to have knowingly and willfully
violated Subsection
(4)(a)
.
Section 20. Section
76-14-206
is amended to read:
76-14-206
. Determining an alien's immigration status -- Transfer or
maintenance of information.
Except as limited by federal law,
and subject to Section
76-14-205
,
a state or local
governmental agency is not restricted or prohibited in any way from sending, receiving, or
maintaining information related to the lawful or unlawful immigration status of an individual
by communicating with a federal, state, or local governmental entity for a lawful purpose,
including:
(1)
determining an individual's eligibility for a public benefit, service, or license provided
by a federal agency, by this state, or by a political subdivision of this state;
(2)
confirming an individual's claim of residence or domicile if determination is required by
state law or a judicial order issued pursuant to a civil or criminal proceeding in this state;
(3)
if the individual is an alien, determining if the individual is in compliance with the
federal registration laws of
Title II, Part 7,
the
Immigration and Nationality Act
, 8
U.S.C. Sec. 1101 et seq
; or
(4)
a valid request for verification of the citizenship or immigration status of an individual
pursuant to 8 U.S.C. Sec. 1373.
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); 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
76-14-210
is enacted to read:
76-14-210
. Unlawful employment of multiple unauthorized aliens.
(1)
(a)
As used in this section, "unauthorized alien" means the same as that term is
defined in Section
13-47-102
.
(b)
Terms defined in Sections
76-1-101.5
,
76-14-101
, and
76-14-201
apply to this
section.
(2)
An actor commits unlawful employment of multiple unauthorized aliens if the actor
knowingly employs, either for the actor's self or on behalf of another, 50 or more
unauthorized aliens.
(3)
A violation of Subsection
(2)
is a third degree felony.
(4)
A violation of this section is subject to the revocation of the actor's business license
under Section
13-47-104
.
Section 23. Section
77-38-503
is amended to read:
77-38-503
. Guidelines for prosecutors.
(1)
Upon the request of the victim or victim's family member, a certifying official from a
certifying entity shall certify victim helpfulness on the Form I-918 Supplement B
certification, if the certifying entity determines the victim was a victim of a qualifying
criminal activity and has been helpful, is being helpful, or is likely to be helpful to the
detection, investigation, or prosecution of that qualifying criminal activity.
(2)
A certifying entity shall determine helpfulness as described in Subsection
(1)
in a
manner consistent with federal guidelines.
(3)
A certifying entity shall process a Form I-918 Supplement B certification within 90
days of request, unless the noncitizen is in removal proceedings, in which case the
certification shall be processed within 14 days of request.
(4)
A current investigation, the filing of charges, a prosecution, or a conviction are not
required for the victim to request the Form I-918 Supplement B certification from a
certifying official.
(5)
A certifying official may withdraw a Form I-918 Supplement B certification if:
(a)
the victim refuses to provide information and assistance when reasonably requested;
or
(b)
the certifying entity determines that the individual is not a victim of a qualifying
criminal activity.
(6)
A certifying entity is prohibited from disclosing the immigration status of a victim or
person requesting the Form I-918 Supplement B certification, except to comply with
federal law, or if authorized by the victim or person requesting the Form I-918
Supplement B certification.
(7)
(a)
Each certifying entity shall maintain records of the following information related
to each request for a Form I-918 Supplement B certification:
(i)
the number of victims that requested Form I-918 Supplement B certifications from
the entity;
(ii)
the number of those Form I-918 Supplement B certifications that were signed; and
(iii)
the number of Form I-918 Supplement B certifications that were denied.
(b)
Each certifying entity shall report the information described in Subsection
(7)(a)
to
the commission before June 30, 2021, and each year thereafter.
(c)
The commission shall report the information received pursuant to Subsection
(7)(b)

to the Judiciary Interim Committee of the Legislature on or before November 30 of
each year.
(8)
(a)
A certifying entity may not disclose personal identifying information, or
information regarding the citizenship or immigration status of any victim of criminal
activity or trafficking who is requesting a certification unless:
(i)
required to do so by applicable state or federal law or court order
, including under
Section
76-14-205
; or
(ii)
the certifying agency has written authorization from:
(A)
the victim; or
(B)
if the victim is a minor or is otherwise not legally competent, from the victim's
parent or guardian.
(b)
Subsection
(8)(a)
does not modify legal obligations of a prosecutor or law
enforcement to disclose information and evidence to a defendant.
Section 24.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-16-26 12:32 PM