Signed by Governor Gary Herbert

Vote Smart's Synopsis:

Vote to pass a bill that establishes a Guest Worker Program that provides permits to undocumented immigrants for the purpose of working within the state of Utah.

Highlights:

• Establishes a Guest Worker Program, which shall be administered by the Department of Workforce Services (Sec. 3). 

• Specifies the eligibility requirements for a guest worker permit, which are (Sec. 8):
• Be 18 years of age or older or, if younger than 18 years of age, have the permission of a parent or guardian to obtain a guest worker permit;
• Live in the state of Utah, but not be lawfully present in the United States;
• Have worked or lived in the United States prior to May 10, 2011;
• Provide accurate contact information and regularly update such information;
• Provide documentation of a contract for hire under which the undocumented individual will begin providing services within at least 30 days of the day on which the undocumented individual obtains the guest worker permit;
• Agree to a criminal background check and not have been convicted of a felony;
• Provide evidence of good health;
• Be covered by a basic health insurance plan or provide evidence satisfactory to the department that the individual has no past due medical debt and agrees to have no medical debt that is past due during the term of the permit; and
• Hold a driving privilege card or provide evidence satisfactory to the department that the undocumented individual will not drive a motor vehicle while in the state of Utah.

• Requires undocumented immigrants who are eligible for the Guest Worker Program to obtain a guest worker permit before providing services to a person in Utah under a contract for hire (Sec. 7).

• Specifies that a guest worker permit cannot be used to establish entitlement to a federal, state, or local benefit (Sec. 7).

• Prohibits guest worker permit holders from providing services outside of Utah (Sec. 7).

• Authorizes the issuance of immediate family permits to members of the guest worker's immediate family (Sec. 9).

• Defines "immediate family" as a guest worker's spouse, or child if the child is under 21 years old and unmarried (Sec. 2).

• Specifies eligibility requirements for an immediate family permit, which are (Sec. 9):
• Live in the state of Utah, but not be lawfully present in the United States;
• Be a member of a guest worker's immediate family; and
• Provide accurate contact information and regularly update such information.

• Prohibits holders of an immediate family permit from providing services under a contract for hire in the state of Utah (Sec. 9).

• Specifies that a guest worker permit expires 2 years from the day on which the department issues the permit (Sec. 10).

• Authorizes the department to charge a guest worker permit applicant a $750 fine if the individual cannot prove that he or she is covered by a basic health insurance plan (Sec. 10).
• Requires the guest worker permit holder to make a good faith effort to become proficient in the English language (Sec. 12). 
• Authorizes the Department of Workforce Services to seek federal waivers, exemptions, or authorizations in order to implement the Guest Worker Program (Sec. 4).

• Authorizes law enforcement officers to do the following if an individual fails to display required identification in a violation-related stop (Sec. 24):
• Make a record of the time and location where the lawful stop, detention, or arrest occurred;
• Fingerprint the individual; and
• Take a photograph of the individual. 

• Establishes that an individual is guilty of a class C misdemeanor if the individual fails to display required identification to a law enforcement officer, and class B misdemeanor if the individual refuses to submit to fingerprinting or a photograph (Sec. 24).

• Prohibits law enforcement officers from considering race, color, or national origin when implementing this section (Sec. 24).

• This act is effective after federal waivers, exemptions, or authorizations have been granted, or by July 1, 2013 if none have been granted by the federal government (Sec. 4).

Full Bill Text