63G-11-103 - Status verification system -- Registration and use -- Performance of services -- Unlawful practice.
63G-11-103. Status verification system -- Registration and use -- Performance ofservices -- Unlawful practice.
(1) As used in this section:
(a) "Contract" means an agreement for the procurement of goods or services that isawarded through a request for proposals process with a public employer and includes a solesource contract.
(b) "Contractor" means a subcontractor, contract employee, staffing agency, or anycontractor regardless of its tier.
(c) "Public employer" means a department, agency, instrumentality, or politicalsubdivision of the state.
(d) (i) "Status Verification System" means an electronic system operated by the federalgovernment, through which an authorized official of a state agency or a political subdivision ofthe state may inquire by exercise of authority delegated pursuant to 8 U.S.C., Sec. 1373, to verifythe citizenship or immigration status of an individual within the jurisdiction of the agency orpolitical subdivision for a purpose authorized under this section.
(ii) "Status Verification System" includes:
(A) the electronic verification of the work authorization program of the IllegalImmigration Reform and Immigration Responsibility Act of 1996, 8 U.S.C., Sec. 1324a, knownas the E-verify Program;
(B) an equivalent federal program designated by the United States Department ofHomeland Security or other federal agency authorized to verify the work eligibility status of anewly hired employee pursuant to the Immigration Reform and Control Act of 1986;
(C) the Social Security Number Verification Service or similar online verificationprocess implemented by the United States Social Security Administration; or
(D) an independent third-party system with an equal or higher degree of reliability as theprograms, systems, or processes described in Subsection (1)(d)(ii)(A), (B), or (C).
(e) "Unauthorized alien" means an alien as defined in 8 U.S.C., Sec. 1324a(h)(3).
(2) (a) Each public employer shall register with and use a Status Verification System toverify the federal employment authorization status of a new employee.
(b) This section shall be enforced without regard to race, religion, gender, ethnicity, ornational origin.
(3) (a) Beginning July 1, 2009:
(i) a public employer may not enter into a contract for the physical performance ofservices within the state with a contractor unless the contractor registers and participates in theStatus Verification System to verify the work eligibility status of the contractor's new employeesthat are employed in the state; and
(ii) a contractor shall register and participate in the Status Verification System in order toenter into a contract with a public employer.
(b) (i) For purposes of compliance with Subsection (3)(a), a contractor is individuallyresponsible for verifying the employment status of only new employees who work under thecontractor's supervision or direction and not those who work for another contractor orsubcontractor, except as otherwise provided in Subsection (3)(b)(ii).
(ii) Each contractor or subcontractor who works under or for another contractor shallcertify to the main contractor by affidavit that the contractor or subcontractor has verifiedthrough the Status Verification System the employment status of each new employee of the
respective contractor or subcontractor.
(c) Subsection (3)(a) does not apply to a contract:
(i) entered into by the entities referred to in Subsection (3)(a) prior to July 1, 2009, eventhough the contract may involve the physical performance of services within the state on or afterJuly 1, 2009; or
(ii) that involves underwriting, remarketing, broker-dealer activities, securitiesplacement, investment advisory, financial advisory, or other financial or investment bankingservices.
(4) (a) It is unlawful for an employing entity in the state to discharge an employeeworking in Utah who is a United States citizen or permanent resident alien and replace theemployee with, or have the employee's duties assumed by, an employee who:
(i) the employing entity knows, or reasonably should have known, is an unauthorizedalien hired on or after July 1, 2009; and
(ii) is working in the state in a job category:
(A) that requires equal skill, effort, and responsibility; and
(B) which is performed under similar working conditions, as defined in 29 U.S.C., Sec.206 (d)(1), as the job category held by the discharged employee.
(b) An employing entity, which on the date of a discharge in question referred to inSubsection (4)(a) is enrolled in and using the Status Verification System to verify theemployment eligibility of its employees in Utah who are hired on or after July 1, 2009, is exemptfrom liability, investigation, or lawsuit arising from an action under this section.
(c) A cause of action for a violation of this Subsection (4) arises exclusively from theprovisions of this Subsection (4).
Amended by Chapter 138, 2009 General Session