From Deseret News archives:

Utah taking action on illegals: Senate appears to favor bill that would create employment barrier

Published: Friday, Feb. 22, 2008 12:54 a.m. MST
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Sen. Scott Jenkins, R-Plain City, unsuccessfully attempted to amend the bill to delay its effective date by a year. Currently, only limited business provisions would be delayed until July 1, 2009, and Jenkins said he wants to give time for a task force he's sponsoring in SB97, which will also be debated today, a chance to study the issue.

"I support this bill and have all along," Jenkins said. However, he expressed concern about the bill's provision that companies that contract with the state would have to use the federal E-Verify program to check new hire's work eligibility starting July 1, 2009. Jenkins, a plumbing wholesaler, questioned whether "contractor, regardless of its tier" would mean that he would have to use the verification program to provide supplies to the companies that contract with the state.

Hickman replied that only direct contractors would be impacted, but Jenkins, said, "I'm jumpy about it."

After the discussion, Jenkins said he'd be reviewing the bill Thursday night to decide on whether his final vote was up or down. He said that some of the answers "were not correct" and still had questions about the scope of the employment verification questions.

Sen. Greg Bell, R-Fruit Heights, who voted in favor of moving the bill forward, also expressed concerns, saying "this, of all bills, does not speak for itself."

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"I think the employers ought to be really, really concerned about this provision," he said about a clause that makes it unlawful to discharge a legal employee while retaining an undocumented employee in a similar position. "The landlords ought to be very concerned ... What is harboring? We don't know what harbor means. We don't know what shelter means ... You own a duplex and you are in violation of the law."

Sen. Scott McCoy, D-Salt Lake, questioned the religious exemption, saying it allowed undocumented immigrants to prosteltize but not work to feed their families. "If it's about the rule of law, how can you have a religious exemption? ... I simply do not believe this is within the public policy interest of the state."

And Bell said he supports the bill's concept but he may try to amend the bill today. He said his remarks on the Senate floor were meant to send notice to those who would be impacted, from sheriffs who would be required to attempt to verify prisoners' immigration status to landlords who could find themselves breaking the law. And he said he's concerned about community health centers.

"Counsel says that's not a concern, but I'm researching that," he said.

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