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House debates employer E-Verify requirements and business-license penalties; no final vote recorded in transcript

Utah House of Representatives · February 22, 2011
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Summary

Representative Harrod presented a first substitute to HB 253 to require employers above certain employee thresholds to use a status-verification system (E-Verify), and to authorize penalties including temporary business-license suspension; extensive floor debate raised concerns about accuracy, burdens on small businesses, selective enforcement and possible litigation.

Representative Harrod presented the first substitute to House Bill 253, a bill to increase employer use of a federal status-verification system (E-Verify) and to add state enforcement measures for employers that knowingly hire unauthorized workers. Harrod described penalties including temporary business-license suspension and said the bill aims to level the playing field for employers that follow hiring laws.

"This bill simply puts into law a few penalties for those that hire illegal aliens," Harrod said, citing an independent Westat evaluation of E-Verify and contending employers are generally satisfied with the system. He described revocation and short suspension of business licenses as enforcement mechanisms tied to repeat violations and said the panel changed "shall" to "may" for prosecutorial action by AG or county attorneys to address fiscal concerns.

Floor questioners probed technical details and consequences: how E-Verify handles identity theft, how long flagged workers have to remediate their status (an eight-day federal remediation period was cited), whether employers must continue to employ flagged workers during appeals, whether small businesses would face disproportionate burdens and whether local prosecutors would be politicized. Representative Chavez-Houck cited a March 2010 Westat finding that the system failed to catch 54% of unauthorized workers in one study and argued the tool was not a silver bullet; she urged opposition. Representative Anderson described operational burdens when lawful workers are flagged and lost work during remediation.

Floor votes on an amendment (attempts to change thresholds from 15 employees to 5) failed; division voting and lengthy debate occurred. The transcript ends amid continued debate and effects on enforcement and resource priorities were heavily contested. No final House passage vote is recorded in the provided transcript excerpt.