With certain exceptions, the act prohibits an employer or an employer's agent from demanding, confiscating, retaining, or otherwise requiring an individual who is an employee or an applicant for employment or who is performing work or seeking to perform work for the employer in any capacity, including a migrant worker or seasonal employee, to surrender the individual's government-issued identification card.
A person that knowingly violates the act's prohibition commits criminal possession of an identification document, which is a class 2 misdemeanor.
A person commits a bias-motivated crime if, with the intent to intimidate or harass another individual, in whole or in part, because of that individual's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, sexual orientation, or transgender identity, the person:
Violates the act's prohibitions; or
Provides, or threatens to provide, an individual's government-issued identification document to federal immigration authorities, except where required or permitted by state or federal law.
Such a bias-motivated crime is a class 1 misdemeanor, and a victim may seek additional remedies available under law.
(Note: This summary applies to this bill as enacted.)
Statutes affected: Signed Act (06/04/2026): 18-5-903.5, 18-9-121