§ 13-47-102. Definitions. ( (Contingently Repealed) )

     As used in this chapter:

(1) "Department" means the Department of Commerce.

(2) "Employee" means an individual:

(a) who is hired to perform services in Utah; and

(b) to whom a private employer provides a federal form required for federal taxation purposes to report income paid to the individual for the services performed.

(3)

(a) Except as provided in Subsection (3)(b), "private employer" means a person who for federal taxation purposes is required to provide a federal form:

(i) to an individual who performs services for the person in Utah; and

(ii) to report income paid to the individual who performs the services.

(b) "Private employer" does not mean a public employer as defined in Section 63G-12-102.

(4)

(a) "Status verification system" means an electronic system operated by the federal government, through which an employer may inquire to verify the federal legal working status of an individual who is a newly hired employee.

(b) "Status verification system" includes:

(i) the electronic verification of the work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Sec. 1324a;

(ii) a federal program equivalent to the program described in Subsection (4)(b)(i) that is designated by the United States Department of Homeland Security or other federal agency authorized to verify the employment eligibility status of a newly hired employee pursuant to the Immigration Reform and Control Act of 1986;

(iii) the Social Security Number Verification Service or similar online verification process implemented by the United States Social Security Administration; or

(iv) an independent third-party system with an equal or higher degree of reliability as the programs, systems, or processes described in Subsection (4)(b)(i), (ii), or (iii).

Amended by Chapter 189, 2014 General Session