SB81 » Lawmakers want to change or delay the law
Sheena Mcfarland
The Salt Lake Tribune
The comprehensive immigration reform bill passed last year is yet again at the center of debate at the Legislature, with lawmakers either attempting to clarify or delay the law.
SB81 takes effect July 1, but two legislators are leading the fight to push that back to July 2010.
Rep. Stephen Clark, R-Provo, wants to delay the bill by a year and do a $150,000 study assessing the fiscal impacts of illegal immigration on the state.
"We should know every piece of data out there," Clark said. "We need to know the upside and downside of illegal immigration."
Sen. Pat Jones, D-Holladay, also has a bill that simply pushes back the implementation date by a year.
Jones hopes Clark's bill passes, as she'd like to have more information on the impacts of illegal immigration, but she worries a bill with a fiscal note this year will have a difficult time passing.
"It's not to say these people ought to be here, but it's about the process and how we do it thoughtfully and carefully," Jones said, adding that SB81's $1.8 million price tag may give her bill more traction.
But Speaker of the House Dave Clark, R-Santa Clara, sees "no appetite" for postponing the measure.
"There are a few edges to round out, but the desire to make major changes to the bill hasn't shown itself," he said.
The most aggressive addition to SB81 is being proposed by Rep. Brad Dee, R-Washington Terrace, who cochaired the immigration task force. He wants to create an immigration strike force to address major crimes committed by undocumented immigrants.
"The fact is, we have a lot of illegal immigrants causing problems with crime, with felony crime," Dee said, citing drug running, rape, murder and human trafficking as examples. "This isn't to replace SB81, but to strengthen it by adding another dimension."
The strike force, which would cost $1 million to implement, would be overseen by local agencies and would incorporate Immigration and Customs Enforcement officers and involve creating a special pool of lawyers from the Attorney General's Office to prosecute such cases.
"This will focus the state on the cases that cause the most concern about illegal immigration," he said.
But other proposed changes are minor tweaks.
In SB81, state contractors must verify the residence status of all their employers. A bill by Sen. Scott Jenkins, who cochaired the immigration task force for the past year, would define a contractor as a company that goes through a formal bid process with the state to provide services. His bill also would allow undocumented workers who were employed by the state to receive retirement benefits, though SB81 takes away all other state public benefits to undocumented workers.
Jenkins also is running a resolution requesting a federal waiver for the state to form a guest worker program, as proposed by the Salt Lake Chamber of Commerce. The resolution wouldn't change state law, but would rather show support for a state-run program.
Sen. Curt Bramble, R-Provo, also is running a bill to clarify language dealing with driver licenses and state identification cards. The bill, which would take effect in 2010, would require Utahns to show proof of U.S. citizenship to obtain a driver license, which Utahns will have to do under upcoming federal RealID requirements. Applicants for driving privilege cards, however, will have to show proof of residency, but not of U.S. citizenship.
Bramble says that while some argue the privilege card encourages illegal immigration, they actually benefit Utahns and U.S. citizens.
"We don't have legal authority to remove illegal aliens. They're here and there's nothing the state can do," Bramble said. "But with this privilege card, 75 to 80 percent of them have [auto] insurance, which helps U.S. citizens because there are more drivers out there with insurance."
smcfarland@sltrib.com
Immigration bills
» SB81 Illegal Immigration
A bill passed in 2008 that requires all public employers to verify the residency status of their workers, allows local law enforcement to carry out immigration law, requires the sheriff to verify the residency of inmates and makes it a criminal offense to transport an undocumented worker more than 100 miles. It takes effect July 1.
» HB64 Deterring Illegal Immigration, Rep. Brad Dee, R-Washington Terrace
Creates a multi-agency task force to crack down on felony crimes committed by undocumented immigrants, with a cost of $1 million.
» HB107 Economic Impact of Illegal Aliens, Rep. Stephen Clark, R-Provo
Funds a $150,000 study to determine the fiscal impact of undocumented workers and delays implementation of SB81 until July 1, 2010.
» SB39 Immigration Amendments, Sen. Scott Jenkins, R-Plain City
Clarifies the definition of a contractor in SB81, and also grants retirement benefits to undocumented workers who were employed by the state.
» SB40 Lawful Presence Verification for Issuance of a Driver License, Sen. Curt Bramble, R-Provo
Requires Utah residents to show proof of residency to obtain a driver license or ID card, and allows those with a temporary visa to have a driver license for the length of the visa. The bill does not affect driving privilege cards.
» SB113 Delayed Effective Date for Illegal Immigration Legislation, Sen. Pat Jones, D-Holladay
Delays implementation of SB81 until July 1, 2010.
» SCR1 Resolution Requesting a Federal Waiver to Establish an Employer-Sponsored Work Program
Requests federal waivers needed to start a state-run guest worker program, as outlined by the Salt Lake Chamber of Commerce.
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