House passes Utah guest-worker measure after two-year waiver deadline and amendment

Representative Ben Wright, sponsor of House Bill 116, asked the House to replace the bill with a second substitute and outlined a package he said was meant to create “a platform” the state could use to petition the federal government and other states for cooperative guest‑worker arrangements. The substitute creates an individual Utah guest‑worker permit, requires criminal background (BCI) checks and fingerprints under Workforce Services rulemaking, and limits eligibility (including an 18‑year minimum age and Utah residency), with renewals every two years.

Wright told colleagues the bill includes a two‑year period to seek federal waivers before the state would fully implement the program and that the proposal is voluntary for employers and workers. He described a restricted fund to collect fines and penalties and to pay litigation or waiver costs and said the Tax Commission would have rulemaking authority to set up withholding mechanisms so state withholdings equivalent to those for employees with Social Security numbers could be collected and—under one option—sent to the federal government.

Representatives pressed the sponsor on legal and practical risks. Representative Christensen told the House “8 USC Section 13 24 is a felony to do what this bill would have Utah employers do,” warning the measure could expose employers, workers and the state to federal criminal or civil liability; Wright replied the bill does not grant immunity from federal law and stressed participation is voluntary. Other members asked whether employers would face perjury exposure under federal Form I‑9 rules, how stolen Social Security numbers and identity fraud would be prevented, and whether the two‑year cutoff would create false hope if waivers were unlikely.

Wright and supporters argued the bill is a pragmatic attempt to address labor shortages and bring undocumented workers into a state‑managed process, while critics urged caution and said the only safe legal path would be federal action. Lawmakers also debated tax‑withholding mechanics; the sponsor cited a state fiscal note estimating about $11.7 million in state withholding taxes under one implementation scenario, while some members suggested holding funds in escrow until federal accounts could be correctly credited.

During floor debate the House adopted a 14‑word amendment adding a new subsection that gives priority to “anyone who has filed a federal application for legal citizenship.” After closed‑question motions and final summations, the Clerk announced the second substitute received 43 yes votes and 28 no votes; the bill passed the House and will be transmitted to the Senate for consideration.

The House did not take any additional binding action on proposed implementation details; sponsors said many operational elements (rulemaking on fingerprinting and withholding) would be worked out administratively or in subsequent legislation.