"If we want to pretend it's not a racial issue in its effect, then I believe we are putting our heads in the sand," said Rep. David Litvack, D-Salt Lake." We are going to create pockets of criminal activity, and we are going to create vulnerable individuals and families ... There is not going to be any victim of crime who is an undocumented immigrant who will report that to law enforcement."

The bill has also drawn the opposition of Attorney General Mark Shurtleff, who said Wednesday that he understands lawmakers' frustration at the lack of federal action on illegal immigration but said the bill would send the wrong message.

"The message we send by doing this to the federal government is don't fix this, we'll take care of the problem," Shurtleff said. "I think the answer is to put more pressure on the feds to do their job so we can do ours."

The bill has also drawn the opposition of the Commission on Criminal and Juvenile Justice, and most other members of the Law Enforcement Legislative Committee. Bob Yeates, acting director of CCJJ said he hadn't yet evaluated the substitute version.

Yeates questioned whether felons would have to be released to house undocumented immigrants if "a rash are arrested and incarcerated."

The bill was one of two dealing with illegal immigration heard in committee Wednesday. The other bill, HB131, was also sent to the House floor in a 10-1 vote by the House Judiciary Committee.

That bill establishes a civil penalty of at least $50,000 for those who commit identity document fraud to unlawfully establish legal status.

Rep. Karen Morgan, D-Cottonwood Heights, hopes that her bill, HB131, will curb illegal practices like people using children's Social Security numbers to get a job. The legislation would allow the Attorney General's Office to sue people who have committed ID fraud.

"It gives the office of attorney general the authority and the money necessary," Morgan said.

Morgan said the fiscal note may be the bill's biggest hurdle. It would require $381,600 each year for additional attorneys, investigators and related costs, plus $14,000 for one-time start up costs.

"There is a cost to this but we have a great surplus this year, and I think this is something Utah is concerned about," Morgan said.

Victims of identity theft would get first crack at any judgment collected. After victims are compensated any extra money would go back to the Attorney General's office.

Sheryl Allen, R-Bountiful, said the bill is a step in the right direction. "We do have a serious problem," she said. "I think this approach has merit."

Some on the committee wondered how effective the bill would be if those who use falsified Social Security numbers are undocumented workers, who could be deported before paying the damages.

"I don't see how we're ever going to collect the money," said Rep Mark Wheatley, D-Murray, the only lawmaker to vote against HB131.

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E-mail: dbulkeley@desnews.com