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Key Votes

HB 253 - Employment of Undocumented Immigrants - Key Vote

Utah Key Votes

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Legislation - Referred to Committee (Senate) -
Legislation - Bill Passed (House) (49-20) - (Key vote)

Title: Employment of Undocumented Immigrants

Vote Smart's Synopsis:

Vote to pass a bill that prohibits employers from knowingly or intentionally employing undocumented immigrants and specifies procedures for verifying the legal status of employees, beginning July 1, 2011.

Highlights:
  • Prohibits employers from knowingly or intentionally employing undocumented immigrants (Sec. 4).
  • Requires employers with 15 or more employees to verify the employment eligibility of new employees through a status verification system, starting July 1, 2011 (Sec. 5).
  • Defines "status verification system" as any of the following verification systems (Sec. 2):
    • The E-Verify program;
    • 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;
    • The Social Security Number Verification Service or similar online verification process; or
    • An independent third-party system with an equal or higher degree of reliability as the systems listed above.
  • Requires employers to provide proof that they are registered with and participating in a status verification system prior to receiving any economic development incentive (Sec. 6).
  • Requires employers to keep a record of employment verification for the longer of the following (Sec. 5):
    • The duration of the employee's employment;
    • At least 3 years from the date of employment; or
    • 1 year from the date of termination of employment.
  • Specifies the penalties and requirements for a first violation of this act including, but not limited to, the following (Sec. 12):
    • The employer must terminate employment of undocumented immigrants;
    • The court shall order a 3 year probationary period if the employer knowingly hires an undocumented immigrant;
    • The court shall order a 5 year probationary period if the employer intentionally hires an undocumented immigrant; and
    • The employer must file a signed, sworn affidavit with the county attorney within 15 days of the court order, stating that the employer has terminated employment of any undocumented immigrants and will not intentionally or knowingly employ an undocumented immigrant.
  • Specifies that for a second violation, each license held by the employer shall be permanently revoked (Sec. 12).
  • Defines "license" as articles of incorporation or organization, and specifies that the term does not include a professional license (Sec. 2).
  • Specifies that a violation is considered a first violation if it does not occur during a court-ordered probationary period, and that a violation is considered a second violation if it occurs during a court-ordered probationary period (Sec. 12).
  • Specifies that an employee's immigration status or work authorization status may only be verified with the federal government (Sec. 10).
  • Prohibits the attorney general or county attorney from investigating possible violations of this act if the complaint is based solely on race, color, or national origin (Sec. 10).
  • This bill is effective July 1, 2011 (Sec. 15).
Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Legislation - Introduced (House) -

Title: Employment of Undocumented Immigrants

Sponsors

  • Christopher Niles Herrod (UT - R) (Out Of Office)
  • Dan Liljenquist (UT - R) (Out Of Office)
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