| (1) |
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 76-9-1008- Alien: means a person who is not a citizen or national of the United States. See Utah Code 76-9-1002
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Fraud: Intentional deception resulting in injury to another.
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- SAVE program: means the federal Systematic Alien Verification for Entitlements program operated by the federal Department of Homeland Security. See Utah Code 76-9-1002
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Venue: The geographical location in which a case is tried.
| (a) |
An agency that provides state or local public benefits as defined in 8 U.S.C. § 1621 shall comply with Section 63G-12-402 and shall also comply with this section, except:
| (ii) |
when compliance is exempted by federal law or when compliance could reasonably be expected to be grounds for the federal government to withhold federal Medicaid funding. |
|
| (b) |
The agency shall verify a person‘s lawful presence in the United States by requiring that the applicant under this section sign a certificate under penalty of perjury, stating that the applicant:
| (i) |
is a United States citizen; or |
|
| (c) |
The certificate under Subsection (1)(b) shall include a statement advising the signer that providing false information subjects the signer to penalties for perjury. |
| (d) |
The signature under this Subsection (1) may be executed in person or electronically. |
| (e) |
When an applicant who is a qualified alien has executed the certificate under this section, the applicant’s eligibility for benefits shall be verified by the agency through the federal SAVE program or an equivalent program designated by the United States Department of Homeland Security. |
|
| (2) |
Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in a certificate executed under this section is guilty of public assistance fraud under Section 76-8-1205. |
| (3) |
If the certificate constitutes a false claim of United States citizenship under 18 U.S.C. § 911, the agency requiring the certificate shall file a complaint with the United States Attorney for the applicable federal judicial district based upon the venue in which the certificate was executed. |
| (4) |
Agencies may, with the concurrence of the Utah Attorney General, adopt variations to the requirements of the provisions of this section that provide for adjudication of unique individual circumstances where the verification procedures in this section would impose unusual hardship on a legal resident of this state. |
| (5) |
If an agency under Subsection (1) receives verification that a person making an application for any benefit, service, or license is not a qualified alien, the agency shall provide the information to the local law enforcement agency for enforcement of Section 76-8-1205 unless prohibited by federal mandate. |
Amended by Chapter 278, 2013 General Session
