Section 401 – Creation of identity documents — Issuance to citizens, nationals, and legal permanent resident aliens — Exceptions.
63G-12-401. Creation of identity documents — Issuance to citizens, nationals, and legal permanent resident aliens — Exceptions. (1) The following entities may create, publish, or otherwise manufacture an identification document, identification card, or identification certificate and possess an engraved plate or other device for the printing of an identification document: (a) a federal, state, or […]
Section 402 – Receipt of state, local, or federal public benefits — Verification — Exceptions — Fraudulently obtaining benefits — Criminal penalties — Annual report.
Effective 5/4/2022 63G-12-402. Receipt of state, local, or federal public benefits — Verification — Exceptions — Fraudulently obtaining benefits — Criminal penalties — Annual report. (1) (a) Except as provided in Subsection (3) or when exempted by federal law, an agency or political subdivision of the state shall verify the lawful presence in the United […]
Section 302 – Status verification system — Registration and use — Performance of services — Unlawful practice.
63G-12-302. Status verification system — Registration and use — Performance of services — Unlawful practice. (1) As used in this section: (a) “Contract” means an agreement for the procurement of goods or services that is awarded through a request for proposals process with a public employer and includes a sole source contract. (b) “Contractor” means […]
Section 303 – Liability protections.
63G-12-303. Liability protections. (1) On or after the program start date, a private employer may not be held civilly liable under state law in a cause of action for the private employer’s unlawful hiring of an unauthorized alien if: (a) the private employer complies with Subsection 63G-12-301(2); and (b) the information obtained after verification under […]
Section 304 – Voluntary registration by private employer certifying participation in verification.
63G-12-304. Voluntary registration by private employer certifying participation in verification. (1) (a) On or after the program start date, a private employer may register with the department certifying that the private employer is in compliance with Subsection 63G-12-301(2). (b) A private employer may register with the department under this section regardless of whether the private […]
Section 305 – Administrative actions — Defenses.
63G-12-305. Administrative actions — Defenses. (1) On and after the program start date and in accordance with Chapter 4, Administrative Procedures Act, the department may bring agency action against a private employer who violates Subsection 63G-12-301(1) to impose a penalty described in Section 63G-12-306. (2) (a) To determine whether an employee is an unauthorized alien […]
Section 306 – Penalties.
Effective 6/1/2022 63G-12-306. Penalties. (1) As used in this section: (a) “Applicable license” means a license issued under: (i)Title 32B, Alcoholic Beverage Control Act; (ii)Title 58, Occupations and Professions; or (iii)Title 61, Securities Division – Real Estate Division. (b) “First violation” means the first time the department imposes a penalty under this section, regardless of […]
Section 301 – Employing unauthorized alien — Verification of employment eligibility.
63G-12-301. Employing unauthorized alien — Verification of employment eligibility. (1) On and after the program start date, an employer may not knowingly employ an unauthorized alien who does not hold a permit. (2) On and after the program start date, a private employer employing 15 or more employees within the state for each working day […]
Section 204 – Obtaining a permit — Uses of permit.
63G-12-204. Obtaining a permit — Uses of permit. (1) An undocumented individual shall obtain a permit: (a) before providing services to a person in this state under a contract for hire; or (b) in accordance with Subsection (2), by no later than 30 days from the day on which the undocumented individual enters into a […]
Section 205 – Eligibility criteria to obtain and maintain a guest worker permit.
63G-12-205. Eligibility criteria to obtain and maintain a guest worker permit. (1) To be eligible to obtain or maintain a guest worker permit, an undocumented individual shall: (a) (i) be 18 years of age or older; or (ii) if younger than 18 years of age, have the permission of a parent or guardian; (b) live […]