Title 63G, Title 63G: General Government

63G-12-105. Implementation to be consistent with federal law and civil rights. A state or local agency shall implement this chapter in a manner that: (1) is consistent with federal laws that regulate immigration; (2) protects the civil rights of all persons; and (3) respects the …

63G-12-106. Severability. (1) If a provision of, or the application of a provision to a person or circumstance is held invalid, the remainder of this chapter may not be given effect without the invalid provision or application so that the provisions of this chapter are not severa…

63G-12-201. Department to create program. (1) The department shall administer a program known as the "Guest Worker Program" created by this part. Under this program, the department shall: seek one or more waivers, exemptions, or authorizations to implement the program as provided…

63G-12-202. Federal waivers, exemptions, or authorizations -- Implementation without waiver, exemption, or authorization. (1) The department, under the direction of the governor, shall seek one or more federal waivers, exemptions, or authorizations to implement the program. (2) T…

63G-12-203. Coordination with other federal or state laws or programs. (1) To the extent feasible, the department shall coordinate the implementation of the program with other existing state and federal laws that relate to immigration and labor, including laws pertaining to obtai…

63G-12-204. Obtaining a permit -- Uses of permit. (1) An undocumented individual shall obtain a permit: before providing services to a person in this state under a contract for hire; or in accordance with Subsection, by no later than 30 days from the day on which the undocumented…

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: be 18 years of age or older; or if younger than 18 years of age, have the permission of a parent or gua…

63G-12-206. Eligibility to obtain and maintain an immediate family permit. To be eligible to obtain or maintain an immediate family permit, an undocumented individual shall: (1) live in Utah; (2) be a member of a guest worker's immediate family; and (3) provide relevant contact i…

63G-12-207. Application and renewal process. (1) The department may not issue a permit under this part until the program is implemented under Section. 63G-12-202 (2) The department shall: create a permit that: is of impervious material that is resistant to wear or damage; and min…

63G-12-208. Conditions during permit term. (1) A permit holder shall continue to meet the eligibility criteria under Sectionorfor the type of permit held by the permit holder. 63G-12-205 63G-12-206 (2) A permit is automatically revoked if after issuance of the permit: the permit …

63G-12-209. Proficiency standards for English. (1) A permit holder shall in good faith use best efforts to become proficient in the English language at or above the equivalent to an intermediate level on a language proficiency assessment test used by the State Board of Education …

63G-12-210. Verification of valid permit -- Protected status of information. (1) The department shall develop a verification procedure by rule made in accordance with, for a person who hires a permit holder to verify with the department that the permit is valid as required by Sec…

63G-12-211. Prohibited conduct -- Administrative penalties -- Criminal penalties. (1) A permit holder may not file for or receive unemployment benefits. (2) A person may not: furnish false or forged information or documentation in support of an application; alter the information …

63G-12-212. Sharing of information related to enforcement. (1) The department shall provide the notice described in Subsection, if the department determines that an undocumented individual: (2) has the undocumented individual's permit revoked; or permits the undocumented individu…

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 employin…

63G-12-302. Status verification system -- Registration and use -- Performance of services -- Unlawful practice. (1) As used in this section: "Contract" means an agreement for the procurement of goods or services that is awarded through a request for proposals process with a publi…

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: the private employer complies with Subsection;…

63G-12-304. Voluntary registration by private employer certifying participation in verification. (1) 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) A priv…

63G-12-305. Administrative actions -- Defenses. (1) On and after the program start date and in accordance with, the department may bring agency action against a private employer who violates Subsectionto impose a penalty described in Section. Chapter 4, Administrative Procedures …

63G-12-306. Penalties. (1) As used in this section: "Applicable license" means a license issued under:; Title 32B, Alcoholic Beverage Control Act; or Title 58, Occupations and Professions. Title 61, Securities Division - Real Estate Division "First violation" means the first time…

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 certificat…

63G-12-402. Receipt of state, local, or federal public benefits -- Verification -- Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report. (1) Except as provided in Subsectionor when exempted by federal law, an agency or political subdivision of the …