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For the second time in two working days, the House overwhelmingly passed an immigration reform bill — this time targeting employers who hire undocumented workers and who don't participate in the federal government's E-Verify program.
Rep. Chris Herrod, R-Provo, introduced the bill as a companion piece to Rep. Stephen Sandstrom's enforcement-only bill — which passed Friday — and the 49-20 vote Tuesday indicated an appetite in the House to pass tough-minded immigration laws. HB253 now goes to the Senate.
"This is the moment we decide," Herrod said. "Do we send a message that we really care — that this is not a state you come to if you're willing to break the law?"
But Herrod's bill was stripped of some language that alarmed those in the business community — including the Salt Lake Chamber of Commerce, which opposes the bill.
The key provision that was removed in committee and failed to be amended on the House floor was the requirement that employers with a payroll of five to 14 workers be required to use E-Verify and be subject to the penalties under Herrod's bill. Sandstrom attempted to restore that to the bill on the floor, but it was killed 46-21.
"I'm disappointed with that," Herrod said. "But it gave some of them cover. They can say they voted for something."
Opponents of the measure raised the specters of selective enforcement of the bill, stereotyping and manipulating the cost of enacting the measure to gain passage.
House Minority Leader David Litvack, D-Salt Lake City, said Herrod's changing of the word "shall" to "may" for enforcement by the attorney general or county attorneys set a "dangerous" precedent and that it was "fiscal-note games."
The one-word change reduced the fiscal note from $1.1 million to zero.
"We are creating selective application. To avoid a fiscal note, we change a 'shall' to a 'may,' and now we say to the county attorney and Attorney General's Office they get to choose what cases they will investigate," Litvack said. "That is a very dangerous precedent to give to law enforcement."
The bill would strip a business that hires undocumented workers of its license for three days if it doesn't comply with federal law within 15 days and fire the undocumented workers. If the business complies and signs a sworn affidavit, it can avoid the penalty.
A subsequent violation by a company that hired an undocumented worker would result in a loss of the business license.
Marty Carpenter, spokesman for the Salt Lake Chamber of Commerce, said the bill was "rife with unintended consequences" and agreed with Litvack's examples cited on the floor.
Under Herrod's bill, Litvack said, a person could drive by a construction site and see Latinos working there and call in a complaint saying that the business was hiring undocumented workers.
Litvack pointed out that Herrod's legislation provides no penalties for frivolous claims.
Carpenter said a frivolous investigation can cause havoc for employers.
"It really puts businesses in a position where it has to use resources and time to essentially enforce federal immigration law," he said.
Rep. Fred Cox, R-West Valley City, said he worries about the burden on businesses, but he decided to support Herrod's bill.
"In this case, I think it's worth an exception," he said.