63G-11-104 - Receipt of state, local, or federal public benefits -- Verification -- Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
63G-11-104. Receipt of state, local, or federal public benefits -- Verification --Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
(1) As used in this section, "federal program" means the Systematic Alien Verificationfor Entitlements Program operated by the United States Department of Homeland Security or anequivalent program designated by the Department of Homeland Security.
(2) Except as provided in Subsection (4) or when exempted by federal law, an agency orpolitical subdivision of the state shall verify the lawful presence in the United States of anindividual at least 18 years of age who applies for:
(a) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
(b) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by anagency or political subdivision of this state.
(3) This section shall be enforced without regard to race, religion, gender, ethnicity, ornational origin.
(4) Verification of lawful presence under this section is not required for:
(a) any purpose for which lawful presence in the United States is not restricted by law,ordinance, or regulation;
(b) assistance for health care items and services that:
(i) are necessary for the treatment of an emergency medical condition, as defined in 42U.S.C. Sec. 1396b(v)(3), of the individual involved; and
(ii) are not related to an organ transplant procedure;
(c) short-term, noncash, in-kind emergency disaster relief;
(d) public health assistance for immunizations with respect to immunizable diseases andfor testing and treatment of symptoms of communicable diseases whether or not the symptomsare caused by the communicable disease;
(e) programs, services, or assistance such as soup kitchens, crisis counseling andintervention, and short-term shelter, specified by the United States Attorney General, in the soleand unreviewable discretion of the United States Attorney General after consultation withappropriate federal agencies and departments, that:
(i) deliver in-kind services at the community level, including through public or privatenonprofit agencies;
(ii) do not condition the provision of assistance, the amount of assistance provided, or thecost of assistance provided on the income or resources of the individual recipient; and
(iii) are necessary for the protection of life or safety;
(f) the exemption for paying the nonresident portion of total tuition as set forth in Section53B-8-106;
(g) an applicant for a license under Section 61-1-4, if the applicant:
(i) is registered with the Financial Industry Regulatory Authority; and
(ii) files an application with the state Division of Securities through the CentralRegistration Depository;
(h) a state public benefit to be given to an individual under Title 49, Utah StateRetirement and Insurance Benefit Act;
(i) a home loan that will be insured, guaranteed, or purchased by:
(i) the Federal Housing Administration, the Veterans Administration, or any other federalagency; or
(ii) an enterprise as defined in 12 U.S.C. Sec. 4502;
(j) a subordinate loan or a grant that will be made to an applicant in connection with ahome loan that does not require verification under Subsection (4)(i); and
(k) an applicant for a license issued by the Department of Commerce, if the applicantprovides the Department of Commerce:
(i) certification, under penalty of perjury, that the applicant is:
(A) a United States citizen;
(B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or
(C) lawfully present in the United States; and
(ii) a valid driver license number for a driver license issued by:
(A) Utah; or
(B) a state other than Utah that as part of issuing the driver license verifies anindividual's lawful presence in the United States.
(5) An agency or political subdivision required to verify the lawful presence in theUnited States of an applicant under this section shall require the applicant to certify under penaltyof perjury that:
(a) the applicant is a United States citizen; or
(b) the applicant is:
(i) a qualified alien as defined in 8 U.S.C. Sec. 1641; and
(ii) lawfully present in the United States.
(6) An agency or political subdivision shall verify a certification required underSubsection (5)(b) through the federal program.
(7) (a) An individual who knowingly and willfully makes a false, fictitious, or fraudulentstatement or representation in a certification under Subsection (4)(k) or (5) is subject to thecriminal penalties applicable in this state for:
(i) making a written false statement under Subsection 76-8-504(2); and
(ii) fraudulently obtaining:
(A) public assistance program benefits under Sections 76-8-1205 and 76-8-1206; or
(B) unemployment compensation under Section 76-8-1301.
(b) If the certification constitutes a false claim of United States citizenship under 18U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the United StatesAttorney General for the applicable district based upon the venue in which the application wasmade.
(8) An agency or political subdivision may adopt variations to the requirements of thissection that:
(a) clearly improve the efficiency of or reduce delay in the verification process; or
(b) provide for adjudication of unique individual circumstances where the verificationprocedures in this section would impose an unusual hardship on a legal resident of Utah.
(9) It is unlawful for an agency or a political subdivision of this state to provide a state,local, or federal benefit, as defined in 8 U.S.C. Sec. 1611 and 1621, in violation of this section.
(10) A state agency or department that administers a program of state or local publicbenefits shall:
(a) provide an annual report to the governor, the president of the Senate, and the speakerof the House regarding its compliance with this section; and
(b) (i) monitor the federal program for application verification errors and significantdelays;
(ii) provide an annual report on the errors and delays to ensure that the application of thefederal program is not erroneously denying a state or local benefit to a legal resident of the state;and
(iii) report delays and errors in the federal program to the United States Department ofHomeland Security.
Amended by Chapter 191, 2010 General Session