Utah Accountability Permit Program

WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY
1 PILOT ACCOUNTABILITY PERMITS AND IDENTITY RELATED AMENDMENTS

2
3 LONG TITLE
4 General Description:
5 This bill modifies public safety, labor, and criminal provisions to address issues related to
6 accountability permits and providing identifying information.
7 Highlighted Provisions:
8 This bill:
9 < enacts the Utah Pilot Accountability Permit Program Act, including:
10 C defining terms;
11 C establishing the purposes and limitations of permits;
12 C providing for the administration of the Utah Pilot Accountability Permit
13 Program;
14 C requiring the governor to petition necessary waivers, exemptions, or
15 authority to implement the program;
16 C creating the Pilot Accountability Permit Program Restricted Account;
17 C addressing withholding under the program;
18 C providing for the issuance of two types of permits;
19 C providing for the creation of a database related to the program;
20 C requiring an adult unauthorized alien in the state to obtain a permit;
21 C permitting minor unauthorized aliens to obtain a permit under certain
22 circumstances;
23 C establishing the criteria to obtain and maintain a permit;
24 C creating the application and renewal process;
25 C requiring reporting by a permit worker;
26 C requiring a permit worker to carry the permit;
27 C imposing requirements on a business to obtain the services of a permit
28 worker;
29 C providing for registration of approved businesses;
30 C requiring reporting by an approved business;
31 C creating a complaint process concerning the participation of approved
0218AbbrevV.wpd Page 1 of 21 11/29/2010 5:14 PM

32 businesses;
33 C requiring compliance with labor laws;
34 C establishing prohibited activities;
35 C providing for administrative and criminal enforcement; and
36 C providing for severability;
37 < enacts the Identity Enforcement Act, including:
38 C defining terms;
39 C requiring an individual to present a photographic document if subject to a
40 lawful stop, detention, or arrest by a law enforcement officer;
41 C requiring fingerprinting and photographing under certain circumstances;
42 C imposing penalties;
43 C requiring the establishment of a database;
44 C providing for the sharing of information with federal agencies under certain
45 circumstances; and
46 < makes technical and conforming amendments.
47
48 Monies Appropriated in this Bill:
49 None
50 Other Special Clauses:
51 None
52 List of sections affected:
53 AMENDS:
54 Insert sections
55 ENACTS:
56 Insert sections
57 Statutory text:
58 ....
59 CHAPTER 16. UTAH PILOT ACCOUNTABILITY PERMIT PROGRAM ACT
60
61 Part 1. General Provisions
62
63 53-16-101. Title.

64 This chapter is known as the "Utah Pilot Accountability Permit Program Act."
65
66 53-16-102. Definitions.
67 As used in this chapter:
68 (1) "Approved business" means a person who registers with the department in accordance with
69 Section 53-16-402.
70 (2) "Database" means the database created under Section 53-16-302.
71 (3) "Government entity" includes:
72 (a) the state;
73 (b) an administrative unit of the state;
74 (c) a political subdivision of the state;
75 (d) an administrative unit of a political subdivision of the state; or
76 (e) an officer or employee of an entity described in Subsections (3)(a) through (d).
77 (4) "Lawfully present in the United States" is as defined in 8 C.F.R. Sec. 103.12.
78 (5) "Permit" means an accountability permit issued in accordance with this chapter, and
79 includes:
80 (a) a Type A permit; and
81 (b) a Type B permit.
82 (6) "Permit worker" means an individual to whom is issued a permit.
83 (7) "Proficiency standard in English and civics" means the achievement of a basic level of
84 competency in English and civics as determined by the State Office of Education in accordance
85 with Section 53-16-308.
86 (8) "Program" means the Pilot Accountability Permit Program described in Section 53-16-201.
87 (9) "Restricted account" means the Pilot Accountability Permit Program Restricted Account
88 created in Section 53-16-203.
89 (10) "Significant crime" means a crime that the multi-agency strike force combats in accordance
90 with Subsection 67-5-22.7(1).
91 (11) "Type A permit" means a permit issued to an individual in accordance with Subsection
92 53-16-304(3)(a).
93 (12) "Type B permit" means a permit issued to an individual in accordance with Subsection
94 53-16-304(3)(b).
95 (13) "Unauthorized alien" is as defined in 8 U.S.C. Sec. 1324A(h)(3).

96 53-16-103. Accountability permit purposes and limitations.
97 (1)(a) A permit only authorizes the individual to whom the permit is issued to participate in the
98 program. An individual may not use a permit for any other government purpose.
99 (b) The issuance of a permit to an individual does not affect whether the individual is lawfully
100 present in the United States for purposes of a law other than this chapter.
101 (2)(a) A permit is not considered identification for purposes of Title 63G, Chapter 11, Identity
102 Documents and Verification, except as provided in Title 76, Chapter 8, Part 15, Identity
103 Enforcement Act.
104 (b) An individual may not use a permit:
105 (i) to establish entitlement to a federal, state, or local benefit as described in Section
106 63G-11-104;
107 (ii) as identification or proof of the individual's age for any government required purpose, except
108 as provided in Title 76, Chapter 8, Part 15, Identity Enforcement Act; or
109 (iii) to obtain work or provide services in a state other than Utah.
110 (c) A government entity may not accept a permit as proof of personal identification or age,
111 except as provided in Title 76, Chapter 8, Part 15, Identity Enforcement Act.
112 (3) Notwithstanding any other provision of law, a permit worker is not considered an employee
113 for purposes of the following:
114 (a) Title 13, Chapter 47, Private Employer Verification Act;
115 (b) Title 35A, Chapter 4, Employment Security Act; and
116 (c) Title 63G, Chapter 11, Identity Documents and Verification.
117
118 53-16-104. Application to charitable activities.
119 This chapter is not intended to discourage a person lawfully present in this state from providing
120 charitable service to an individual who resides in this state to the extent that the charitable
121 service is not expressly prohibited by this chapter.
122
123 53-16-105. Severability.
124 If a provision of this chapter or the application of a provision to a person or circumstance is held
125 invalid, the remainder of this chapter shall be given effect without the invalid provision or
126 application. The provisions of this chapter are severable.
127

128 Part 2. Administration of the Utah Pilot Accountability Permit Program
129
130 53-16-201. General powers and duties.
131 (1) In accordance with this chapter, the department shall administer this chapter as a program
132 known as the "Utah Pilot Accountability Permit Program."
133 (2) Under the program, the department shall:
134 (a) issue a permit in accordance with Section 53-16-304;
135 (b) register an approved business in accordance with Section 53-16-401;
136 (c) take necessary action under Section 53-16-405;
137 (d) take administrative action under Section 53-16-502 in accordance with Title 63G, Chapter 4,
138 Administrative Procedures Act; and
139 (e) annually report to the governor and the Business and Labor Interim Committee related to:
140 (i) efforts described in Section 53-16-202;
141 (ii) the number of permits issued in the previous calendar year;
142 (iii) the number of permits denied, suspended, or revoked in the previous calendar year;
143 (iv) the number of approved business registered in the previous calendar year;
144 (v) the number and nature of violations found under Part 5, Prohibited Activities and Violations,
145 in the previous calendar year; and
146 (vi) the need, if any, for legislative action.
147 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
148 department may make rules to provide:
149 (a) the form for an application submitted under this chapter;
150 (b) what documentation is required to show compliance under this chapter;
151 (c) notice of an opportunity for a hearing on a denial of a permit; and
152 (d) the procedure a person is to follow to verify the validity of a permit under Section 53-16-401.
153
154 53-16-202. Petition federal government -- Cooperative efforts.
155 (1)(a) The governor, with the assistance of the attorney general, shall petition one or more
156 federal government entities to obtain the necessary waivers, exemptions, or authority to
157 implement the program.
158 (b) The governor may enter into an agreement with a federal government entity to obtain a
159 necessary waiver, exemption, or authority to implement the program, except that the agreement

160 may not:
161 (i) take effect until the governor reports to the Legislative Management Committee concerning
162 the agreement; and
163 (ii) contain a provision that is inconsistent with this chapter or other state law.
164 (c) In seeking a necessary waiver, exemption, or authority under this section, the governor shall
165 negotiate:
166 (i) appropriate protections for both a permit worker and a person who obtains services from a
167 permit worker;
168 (ii) effective means for the collection of tax, fees, and charges owed to federal and state
169 government by a permit worker or person who obtains services from a permit worker; and
170 (iii) effective enforcement of the laws to which a permit worker or person who obtains services
171 from a permit worker are subject.
172 (d) The governor shall determine when the state obtains the necessary waivers, exemptions, or
173 authority to implement the program.
174 (2) The department may enter into one or more agreements with federal, state, and local
175 government entities to coordinate efforts to meet the needs of businesses in this state to obtain
176 necessary labor or services in a manner consistent with this chapter.
177
178 53-16-203. Pilot Accountability Permit Program Restricted Account.
179 (1) There is created a restricted account within the General Fund known as the "Pilot
180 Accountability Permit Program Restricted Account."
181 (2)(a) The restricted account shall consist of:
182 (i) a fee collected under this chapter;
183 (ii) money deposited into the restricted account under Section 53-16-204;
184 (iii) civil penalties imposed under Section 53-16-405, 53-16-501, or 53-16-502;
185 (iv) interest earned on the restricted account; and
186 (v) money appropriated to the restricted account by the Legislature.
187 (b) The restricted account shall earn interest.
188 (3) The Legislature may appropriate money from the restricted account to:
189 (a) the department to administer the program;
190 (b) the State Tax Commission for costs associated with implementing Section 53-16-204;
191 (c) the Attorney General for costs associated with:

192 (i) a multi-agency strike force created under Section 67-5-22.7; or
193 (ii) a memorandum of understanding executed under Section 67-5-28; or
194 (d) fund the costs associated with Title 76, Chapter 8, Part 15, Identity Enforcement Act.
195 (3)(a) An unallocated balance in the restricted account at the end of the year is nonlapsing.
196 (b) An appropriation from the restricted account is nonlapsing.
197
198 53-16-204. Withholding under the program.
199 (1)(a) If an agreement described in Section 53-16-202 does not provide for the issuance of a
200 Social Security number to a permit worker, the State Tax Commission shall by rule made in
201 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide a means for
202 a person who receives services from a permit worker to withhold from compensation paid to the
203 permit worker an amount to be determined by State Tax Commission rule that, as closely as
204 possible, equals the income and employment taxes that would be imposed by state and federal
205 law if the permit worker were an employee with a Social Security number.
206 (b) If an agreement described in Section 53-16-202 provides for the issuance of a Social
207 Security number to a permit worker, a person who receives services from a permit worker is
208 required to withhold from compensation as provided in Title 59, Chapter 10, Part 4, Withholding
209 of Tax.
210 (2) The rules described in Subsection (1)(a) shall:
211 (a) be substantially similar to Title 59, Chapter 10, Part 4, Withholding of Tax; and
212 (b) provide a method, that is consistent with an agreement entered into under Section
213 53-16-202, by which the state remits to the federal government the money collected under this
214 Subsection (1)(a) that would be owed the federal government if the permit worker were an
215 employee with a Social Security number.
216 (3) Notwithstanding any other state law, money collected under this section that would be used
217 under Title 35A, Chapter 4, Employment Security Act, if a permit worker were an employee with
218 a Social Security number, shall be deposited into the restricted account.
219
220 Part 3. Issuance of an Accountability Permit
221
222 53-16-301. Issuing a permit -- Types.
223 (1) The department may not issue a permit under this chapter:

224 (a) before the sooner of:
225 (i) 30 days after the day on which the governor notifies that department that the state has
226 obtained the necessary waivers, exemptions, or authority to implement the program; or
227 (ii) July 1, 2012; or
228 (b) after the sooner of:
229 (i) the day on the necessary waivers, exemptions, or authority described in Subsection (1)(a)(i)
230 terminate; or
231 (ii) June 30, 2022.
232 (2) The department shall:
233 (a) create a permit that:
234 (i) is of impervious material that is resistant to wear or damage; and
235 (ii) minimizes the risk that the permit may be forged, falsified, or counterfeited;
236 (b) distinguish a permit from identification issued by the state by:
237 (i) using format, color, font, or other means; and
238 (ii) displaying clearly on the front of a permit a phrase substantially similar to "FOR WORK
239 PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION"; and
240 (c) ensure that a permit:
241 (i) includes a photograph of the individual to whom the permit is issued;
242 (ii) prominently states the day on which the permit expires; and
243 (iii) prominently states the type of permit.
244
245 53-16-302. Database.
246 (1) The department shall maintain a database of individuals who apply for or who are issued a
247 permit.
248 (2)(a) The database created under this section shall include a record for each individual who
249 applies for a permit of the following:
250 (i) the individual's name and address;
251 (ii) the date on which the individual applies for a permit;
252 (iii) if a permit is issued:
253 (A) the type of permit issued;
254 (B) the date on which the permit is issued; and
255 (C) for a Type A permit, the date on which the permit is renewed;

256 (iv) if a permit is not issued or, if a Type A permit is not renewed, the grounds for which the
257 permit is not issued or not renewed; and
258 (v) for a Type B permit, the name and address of the approved business for which a permit
259 worker provides services, as last reported by the permit worker.
260 (b) The department shall develop and maintain the database so that a person can efficiently
261 access the database under Section 53-16-401.
262 (3) The database created under this section is a protected record under Title 63G, Chapter 2,
263 Government Records Access and Management Act, except that:
264 (a) a record may not be shared under Section 63G-2-206, unless:
265 (i) requested by the Office of Legislative Auditor General in accordance with Section 36-12-15;
266 or
267 (ii) disclosed to a federal government entity in accordance with an agreement under Section
268 53-16-202; and
269 (b) an individual's individual tax identification number is a private record under Subsection
270 63G-2-302(1)(h).
271 (3) The department shall maintain a record created as part of the database for at least three
272 years from the day on which the record is created in the database.
273
274 53-16-303. Requirement to have a permit -- Criteria to obtain a permit -- Criminal
275 background check -- Minor.
276 (1)(a) During the period of time that under Subsection 53-16-301(1) the department may issue a
277 permit under this chapter, an individual who resides in Utah shall obtain a permit under this
278 chapter if the individual is:
279 (i) an unauthorized alien; and
280 (iii) 18 years of age or older.
281 (b) Failure to obtain a permit as required by this Subsection (1)(a) is a violation of this chapter
282 subject to administrative action under Section 53-16-502.
283 (c) An individual to whom a permit is issued under Subsection (1)(a) shall have the permit in the
284 individual's possession at all times that the individual is in the state.
285 (d) During the period of time that under Subsection 53-16-301(1) the department may issue a
286 permit under this chapter, an individual who resides in Utah may obtain a permit under this
287 chapter if the individual:

288 (i) is an unauthorized alien;
289 (ii) is younger than 18 years of age;
290 (iii) has the permission of the individual's parent or guardian; and
291 (v) is seeking work to the extent permitted under Title 34, Chapter 23, Employment of Minors.
292 (2) To obtain a permit an individual shall:
293 (a) apply for the permit in accordance with Section 53-16-304;
294 (b) meet the criteria for a Type A or Type B permit as described in Subsection (3);
295 (c) not have been convicted of a significant crime;
296 (d) submit to a criminal background check in accordance with Subsection (4);
297 (e) if an agreement described in Section 53-16-202 does not provide for the issuance of a
298 Social Security number to a permit worker, have an individual tax identification number issued
299 by the Internal Revenue Service;
300 (f) agree to participate in withholding as provided in Section 53-16-204;
301 (g) agree to use the permit only for purposes of the program and not use a permit to obtain work
302 or provide services in a state other than Utah;
303 (h) for a Type B permit, agree to provide services to an approved business as required by
304 Section 53-16-307; and
305 (i) agree to achieve the proficiency standard in English and civics as required by Section
306 53-16-308.
307 (3)(a) To obtain a Type A permit, the individual shall have had as the individual's primary
308 household, a household located in Utah continuously for least 18 months from the day on which
.309 the individual applies for a Type A permit
310 (b) To obtain a Type B permit, on the day on which the individual applies for a Type B permit,
311 the individual shall demonstrate an agreement to provide services to an approved business
312 beginning at least 30 days from the day on which the permit is issued.
313 (4)(a) The department shall require an individual applying for a permit, or renewing a Type A
314 permit, to submit to a criminal background check as a condition of receiving or renewing the
315 permit.
316 (b) An individual required to submit to a criminal background check under Subsection (4)(a), shall:
317 (i) submit a fingerprint card in a form acceptable to the department; and
318 (ii) consent to a fingerprint background check by:
319 (A) the Utah Bureau of Criminal Identification; and

320 (B) the Federal Bureau of Investigation.
321 (c) For a person who submits a fingerprint card and consents to a fingerprint background check
322 under Subsection (4)(b), the department may request:
323 (i) criminal background information maintained pursuant to Title 53, Chapter 10, Part 2, Bureau
324 of Criminal Identification, from the Bureau of Criminal Identification; and
325 (ii) complete Federal Bureau of Investigation criminal background checks through the national
326 criminal history system.
327 (d) Information obtained by the department from the review of criminal history records received
328 under this Subsection (4) shall be used by the department to determine eligibility to obtain a
329 permit.
330 (e) The department shall:
331 (i) pay to the Federal Bureau of Investigation the costs incurred by the Federal Bureau of
332 Investigation in providing the department criminal background information under this Subsection
333 (4); and
334 (ii) in accordance with Section 63J-1-504, charge the person applying for the permit a fee equal
335 to the aggregate of the costs incurred by the department under this Subsection (4) and amount
336 paid under Subsection (4)(e)(i).
337 (5)(a) If an individual described in Subsection (2)(c) is unable to apply for a permit, the
338 individual's parent or guardian may apply for the permit on behalf of the individual.
339 (b) A parent or guardian applying for a permit on behalf of an individual described in Subsection
340 (5)(a) shall provide documentation that the parent or guardian is the parent or guardian of the
341 individual.
342
343 53-16-304. Application and issuance process -- Reporting to federal agencies.
344 (1) Subject to Subsection (2), to apply for a permit, an individual shall submit to the department,
345 in a form acceptable under this chapter:
346 (a) an application;
347 (b) documentation of meeting the criteria in Section 53-16-303;
348 (c) a signed statement verifying the information in the application and documentation; and
349 (d) a fee established by the department in accordance with Section 63J-1-504.
350 (2) An individual applying for a permit, or renewing a Type A permit, shall appear in person at a
351 location designated by the department to submit the information required by Subsection (1).

352 (3) If an individual submits a complete application and the department determines that the
353 person meets the criteria of Section 53-16-303, the department shall issue:
354 (a) a Type A permit if the individual qualifies under Subsection 53-16-303(3)(a); and
355 (b) a Type B permit if the individual qualifies under Subsection 53-16-303(3)(b).
356 (4)(a) If the department denies an application for a permit, the department shall immediately
357 notify the individual who applied for the permit to provide the individual an opportunity for a
358 hearing in the county where the individual resides.
359 (b) The department shall document a hearing under this section.
360 (c) As part of a hearing under this section, the department or its authorized agent may:
361 (i) administer an oath;
362 (ii) issue a subpoena for the attendance of a witness or the production of information; or
363 (iii) permit a party or witness to attend or to testify by means of telephone or live audiovisual.
364 (d) After a hearing the department shall rescind or extend its order of denial.
365 (e) An individual who requests a hearing under this Subsection (4) shall pay the costs of the
366 hearing.
367 (f) An individual denied a permit by the department following an administrative hearing may
368 seek judicial review of the order in accordance with Title 63G, Chapter 4, Administrative
369 Procedures Act.
370 (5)(a) If the department denies issuance of a permit because the applicant is found to have
371 been convicted of a significant crime, the department shall notify the Immigration and Customs
372 Enforcement that the applicant is found to have been convicted of a significant crime.
373 (b) The notice described in Subsection (5)(a) shall:
374 (i) include the address of the applicant as it appears on the application; and
375 (ii) be sent promptly after the time for appeal under Subsection (4) ends.
376
377 53-16-305. Terms of permits -- Renewal process for Type A permit.
378 (1)(a) A Type A permit expires two years from the day on which it is issued and may be
379 renewed in accordance with Subsection (2).
380 (b) A Type B permit expires 18 months from the day on which it is first issued and may not be
381 renewed.
382 (2) To renew a Type A permit, an individual shall submit to the department, in a form acceptable
383 under this chapter:

384 (a) an application;
385 (b) the documentation of meeting the criteria in Subsection 53-16-303(3)(a);
386 (c) evidence of whether the individual meets the proficiency standards for English and civics in
387 accordance with Section 53-16-308;
388 (d) a statement verifying the information in the application and documentation; and
389 (e) a fee established by the department in accordance with Section 63J-1-504.
390
391 53-16-307. Permit worker reporting and working requirements -- Carrying permit --
392 Special requirements for Type B permit.
393 (1) A permit worker shall notify the department in writing within three days of one of the
394 following:
395 (a) a conviction for a significant crime; or
396 (b) the suspension or revocation of a driving privilege card.
397 (2)(a) In addition to complying with Subsection (1), a permit worker to whom is issued a Type B
398 permit, shall notify the department in writing within three days of one of the following:
399 (i) a change of address of the permit worker; or
400 (ii) the day on which the permit worker's term of service begins or ends with an approved
401 business.
402 (3)(a) A Type B permit is automatically revoked if after issuance of the Type B permit, the permit
403 worker to whom it is issued is not employed by an approved employer for more than 30
404 consecutive days.
405 (b) The department shall treat a permit revoked under this Subsection (3) in the same manner
406 as a revoked permit described in Section 53-16-503.
407 (4) A permit worker shall carry the permit issued to the permit worker at all times carry with the
408 permit work and have the permit in the permit worker's personal possession.
409
410 53-16-308. Proficiency standards for English and civics required to renew Type B permit.
411 (1) As used in this section, "proficiency standards" means the proficiency standards established
412 by rule in accordance Subsection (3).
413 (2) An individual shall meet the proficiency standards under this section by no later than one
414 year after the day on which the permit worker is issued a permit. An individual shall pay the
415 costs of complying with this section.

416 (3)(a) By no later than 120 days after the day on which the department may first issue a permit
417 under Section 53-16-301, the State Office of Education shall establish by rule made in
418 accordance with Title 63G, Chapter 2, Utah Administrative Rulemaking Act:
419 (i) proficiency standards; and
420 (ii) the procedure for a permit worker to take a test to determine if the permit worker meets the
421 proficiency standards.
422 (b) The proficiency standards shall demonstrate that a permit worker is proficient in:
423 (i) the English language at or above the level of intermediate on the basis of a language
424 proficiency assessment test used by the State Office of Education for purposes of secondary
425 school student; and
426 (ii) civics and government at or above the level of necessary to pass the civics test administered
427 by the United States Citizenship and Immigration Services for purposes of naturalization.
428 (4) The state may charge a permit worker a fee established by the State Office of Education in
429 accordance with Section 63J-1-504 to take a test described in this section.
430
431 Part 4. Business Obligations
432
433 53-16-401. Obtaining the services of a permit worker.
434 (1) (a) To obtain the services of a permit worker, a person shall contact the department to verify
435 that the permit held by the permit worker is valid.
436 (b) A person shall contact the department at the same point at which the person would contact
437 a status verification system if the permit worker were subject to verification as an employee
438 under Title 13, Chapter 46, Private Employer Verification System.
439 (2)(a) The department may by rule provide the procedure to be followed under this section.
440 (b) Verification may be provided through the Internet or other electronic medium, if the
441 department determines that sufficient security is provided to ensure compliance with Section
442 53-16-302.
443
444 53-16-402. Registration of approved business -- Renewal.
445 (1) Subject to the other provisions of this section, to be an approved business, at least 10 days
446 from the day on which the person first obtains the services of a permit worker who is issued a
447 Type B permit, the person shall register with the department by submitting to the department in

:448 a form acceptable under this chapter
449 (a) a registration application that requires the person to:
450 (i) agree that the person will participate in withholding as provided in Section 53-16-204;
451 (ii) provide evidence that the person participates in a status verification system if required under
452 Title 13, Chapter 46, Private Employer Verification System;
453 (iii) describe the labor shortage experienced by the person; and
454 (iv) explain the person's efforts to find local workers with the necessary skills to provide services
455 to the person; and
456 (b) a registration fee established by the department in accordance with Section 63J-1-504.
457 (2)(a) A registration under this section expires five years after the day on which registration is
458 complete under Subsection (1).
459 (b) To renew a registration, an approved business shall submit to the department in a form
:460 acceptable under this chapter
461 (i) a renewal application, except that the renewal application shall contain the requirements
462 described in Subsection (1)(a); and
463 (ii) a registration fee established by the department in accordance with Section 63J-1-504.
464 (3) On and after 120 days after the day on which the department may first issue a permit under
465 Section 53-16-301, the department shall publish electronically a list of approved employers on a
466 website accessible to the general public without a charge.
467 (4) Nothing in this section prohibits an approved business from terminating the term of service
468 of a permit worker in the ordinary course of business.
469
470 53-16-403. Approved business reporting and records.
471 An approved business shall notify the department in writing within three days of the day on
472 which a term of service begins or ends for a permit worker to whom a Type B permit is issued.
473
474 53-16-404. Complaints against participation of approved business.
475 (1) As used in this section, "local worker" may be defined by the department by rule made in
476 accordance with Title 63A, Chapter 3, Utah Administrative Rulemaking Act.
477 (2) A person lawfully present in the United States may file a complaint with department if a local
478 worker is terminated or not hired as a result of an approved business' participation in the
479 program.

480 (3) The department shall evaluate a complaint filed under this section and if the department
481 determines that sufficient complaints are received by the department against a specific
482 approved business, the department shall reexamine the approved business' registration to
483 participate in the program.
484 (4) The department may revoke an approved business' registration to participate in the program
485 if the department determines that the approved business did not take sufficient measures to
486 obtain local workers.
487
488 53-16-405. Labor laws.
489 (1) A person who obtains the services of a permit worker shall comply with the applicable labor
490 laws prescribed by the federal government and this state.
491 (2) Notwithstanding Section 56-16-502, in accordance with Title 63G, Chapter 4, Administrative
492 Procedures Act, for a violation of this section, in addition to any other remedy, the department
493 may revoke an approved business' registration.
494 (3) The Labor Commission shall notify the department within 30 business days of the day on
495 which an order of the Labor Commission becomes final and unappealable that finds a violation
496 of a labor law under the jurisdiction of the Labor Commission.
497
498 Part 5. Prohibited Activities and Enforcement
499
500 53-16-501. Prohibited activities.
501 (1) A permit worker may not file for unemployment benefits.
502 (2)(a) A person may not employ, hire, or contract for services from an individual who:
503 (i) is an unauthorized alien as; and
504 (ii) is not a permit worker.
505 (b) Notwithstanding Subsection 53-16-502, in accordance with Title 63G, Chapter 4,
506 Administrative Procedures Act, the department may impose a civil fine not to exceed $X for
507 each violation of this Subsection (2).
508
509 53-16-502. Administrative remedies.
510 (1)(a) For a violation described in Subsection (1)(b), the department:
511 (i) shall suspend, limit, or revoke and repossess a permit;

512 (ii) may impose a civil fine not to exceed $X for each violation; or
513 (iii) may take action under both Subsection (1)(a)(i) and (ii).
514 (b) The department shall take an action under this Subsection (1), if a permit worker:
515 (i) furnishes false or forged information or documentation in support of an application;
516 (ii) alters the information on a permit;
517 (iii) is reported absent from work for 10 consecutive days without the approval of the person
518 who obtains the services of the permit worker; or
519 (iv) is convicted of a significant crime.
520 (2)(a) For a violation described in Subsection (2)(b), the department may:
521 (i) suspend, limit, or revoke and repossess a permit;
522 (ii) impose a civil fine not to exceed $X for each violation; or
523 (iii) take an action under both Subsection (2)(a)(i) and (ii).
524 (b) The department may take an action under this Subsection (2) if a person:
525 (i) fails to comply with a reporting requirement;
526 (ii) fails to comply with Subsection 53-16-307(4);
527 (iii) allows an individual to use a permit if the individual is not entitled to use the permit;
528 (iv) displays or represents that a permit is issued to an individual, if the permit is not issued to
529 the individual;
530 (v) displays a revoked permit as a valid permit;
531 (vi) knowingly or with reckless disregard acquires, uses, displays, or transfers an item that
532 purports to be a valid permit, but that is not a valid permit;
533 (vii) who holds a Type B permit, is unable to be located by the approved business for which the
534 person provides services; or
535 (viii) otherwise violates this chapter.
536 (c) Notwithstanding the other provisions of this Subsection (2), the department shall revoke and
537 repossess a permit if the permit worker to whom the permit is issued has had administrative
538 action taken against the permit worker under this section twice before the violation that subjects
539 the permit worker to an action under this Subsection (2).
540
541 53-16-503. Effects of revocation of permit -- Effects of expiration of a permit.
542 (1)(a) If the department revokes a permit, the permit worker to whom the permit was issued
543 shall leave this state within three calendar days, except that on request by the permit worker,

544 the department may provide additional days for the permit worker to leave this state.
545 (b) If the department revokes a permit, the department shall notify the Immigration and Customs
546 Enforcement that the permit worker is no longer authorized to provide services within the state.
547 (c) The notice described in Subsection (1)(b) shall:
548 (i) include the last known address of the permit worker; and
549 (ii) be sent promptly after the time for appeal of the revocation ends.
550 (2)(a) If a permit worker's Type A permit expires, the permit worker to whom the permit is issued
551 shall leave this state within three calendar days, except that on request by the permit worker,
552 the department may provide additional days for the permit worker to leave this state.
553 (b) If a permit worker's Type B permit expires, the permit work to whom the permit is issued
554 shall within 30 days of the day on which the Type B permit expires:
555 (i) leave the state; or
556 (ii) obtain a Type A permit.
557 (c) If the department determines that a permit worker has failed to renew a Type A permit, the
558 department shall notify the Immigration and Customs Enforcement that the permit worker is no
559 longer authorized to provide services within the state.
560 (d) The notice described in Subsection (2)(c) shall:
561 (i) include the last known address of the permit worker; and
562 (ii) be sent promptly after the day on which the permit worker is required to be out of the state
563 under this Subsection (2).
564
565 53-16-504. Criminal penalties.
566 (1) It is a Class C misdemeanor for a person to knowingly or with reckless disregard:
567 (a) allow an individual to use a permit if the individual is not entitled to use the permit;
568 (b) display or represent that a permit is issued to an individual, if it is not issued to the individual;
569 (c) displays a revoked permit as a valid permit;
570 (d) acquire, use, display, or transfer an item that purports to be a valid permit, if it is not a valid
571 permit;
572 (e) surrender a permit to the department upon demand;
573 (f) use a false name or give a false address for any purpose under this chapter;
574 (g) make a false statement, or conceal a material fact in an application; or
575 (h) alter the information on a permit.

576 (2) It is a third degree felony if a person knowingly acquires, uses, displays, or transfers a false
577 or altered permit to:
578 (a) aid or further the person's efforts to fraudulently obtain goods or services; or
579 (b) aid or further the person's efforts to commit a violent felony.
580 ....
581
582 Part 15. Identity Enforcement Act
583
584 76-8-1501. Title.
585 This part is known as "Identity Enforcement Act."
586
587 76-8-1502. Definitions.
588 As used in this part:
589 (1) "Database" means the identity database created in Section 76-8-1504.
590 (2) "Law enforcement agency" means an entity of the federal government, a state, or a political
591 subdivision of a state, including a state institution of higher education, that exists primarily to
592 prevent and detect crime and enforce criminal laws, statutes, and ordinances.
593 (3) "Law enforcement officer" has the same meaning as in Section 53-13-103.
594 (4)(a) "Photographic document" means a document that is:
595 (i) a form of positive identification that:
596 (A) is issued by a federal, state, or tribal government entity; and
597 (B) contains a numerical identifier and a photograph of the person identified; or
598 (ii)(A) notwithstanding Section 53-3-207, a driving privilege card issued in accordance with
599 Section 53-3-207; or
600 (B) an accountability permit issued in accordance with Title 53, Chapter 16, Utah Pilot
601 Accountability Permit Program Act.
602 (b) "Photographic document" includes:
603 (i) a identification card issued by the state;
604 (ii) an identification card issued by another state that is similar to an identification card issued by
605 this state;
606 (iii) a driver license issued by any state;
607 (iv) a United States military identification card; or

608 (v) one of the following if it contains a photograph of the individual:
609 (A) a valid tribal identification card;
610 (B) a Bureau of Indian Affairs card; or
611 (C) a tribal treaty card.
612
613 76-8-1503. Providing photographic document -- Fingerprinting and photographing.
614 (1) (a) Except as otherwise provided in this Subsection (1), on and after July 1, 2012, a law
615 enforcement officer shall require an individual to provide the law enforcement officer at least
616 one form of photographic document if the law enforcement officer conducts a lawful stop,
617 detention, or arrest of the individual when acting in the enforcement of a state law or local
618 ordinance.
619 (b) If a law enforcement officer requires an individual to provide a photographic document under
620 Subsection (1)(a) and the individual is a permit worker, as defined in Section 53-16-102, the
621 individual shall provide the law enforcement officer the accountability permit issued to the
622 individual in accordance with Title 53, Chapter 16, Utah Pilot Accountability Permit Program Act.
623 (c) On a case-by-case basis, a law enforcement officer may elect not to request that the
624 individual provide a photographic document as required under this Subsection (1) if the law
625 enforcement officer determines that to require the photographic document could hinder or
626 obstruct a criminal investigation.
627 (2) If an individual fails to provide a law enforcement officer photographic document as required
628 under Subsection (1), the law enforcement officer shall:
629 (a) make a record of the time and location where the lawful stop, detention, or arrest occurs;
630 (b) fingerprint the individual; and
631 (c) take a photograph of the individual.
632 (3)(a) An individual is guilty of a class C misdemeanor if the individual violates Subsection (1),
633 except that the fine is $X.
634 (b) An individual is a guilty of a class B misdemeanor if the individual refuses to allow a law
635 enforcement officer to do the following as required by Subsection (2):
636 (a) fingerprint the individual; or
637 (b) take a photograph of the individual.
638 (4) An arrest made under this section shall be conducted in accordance with Section 77-7-2.
639 (5) A law enforcement officer may not consider race, color, or national origin in implementing

640 this section, except to the extent permitted by the constitutions of the United States and this
641 state.
642
643 76-8-1504. Identity database.
644 (1) A law enforcement agency shall forward the information described in Subsection 76-8-
645 1503(2) to the department in an electronic format.
646 (2) The department shall maintain a database of the information provided to the department
647 under Subsection (1).
648 (3) The department shall develop and maintain the database to facilitate the disclosures
649 required by Section 76-8-1505.
650 (4) The database created under this section is a protected record under Title 63G, Chapter 2,
651 Government Records Access and Management Act.
652 (5) The department shall maintain a record created as part of the database for at least three
653 years from the day on which the record is created in the database.
654
655 76-8-1505. Sharing of information with federal agencies.
656 In accordance with a memorandum of understanding entered into by the state under Section
657 67-5-28, the department shall share one or more records in the database with the United States
658 Department of Justice or the United States Department of Homeland Security as provided in 8
659 U.S.C. Sec. 1357(g) for the enforcement of federal immigration and customs laws.
660
661 Conforming cross-reference changes omitted from this draft.

Utah Accountability Permit Program

Загружено:

Сведения о документе

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Utah Accountability Permit Program

Загружено:

Авторское право:

Доступные форматы

WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY

1 PILOT ACCOUNTABILITY PERMITS AND IDENTITY RELATED AMENDMENTS

0218AbbrevV.wpd Page 1 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 2 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 3 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 4 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 5 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 6 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 7 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 8 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 9 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 10 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 11 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 12 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 13 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 14 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 15 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 16 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 17 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 18 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 19 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 20 of 21 11/29/2010 5:14 PM

0218AbbrevV.wpd Page 21 of 21 11/29/2010 5:14 PM

Вам также может понравиться