This bill amends provisions concerning immigrants and immigration.
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; andimposes 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; andpersonally 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; andprohibit 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; orassistance 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; orparticipating 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; orproviding 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; andfor 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.Statutes affected:
Introduced: 7-25-102, 13-47-102, 17-72-505, 34A-2-104, 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, 76-14-206, 76-14-207, 77-38-503