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Joe Pyrah
No one questions that identity theft is a problem. But what if the solution isn't ready for prime time?
House Bill 98 enacts the Utah Employment Verification Act and is a second try at a bill that failed in 2007. That bill called for all employers in Utah to verify the identity of their employees. This year's bill narrows it to state employees only.
"I think Utah needs to lead out and do what they can do to protect the identification of me, you, your children and your grandchildren," said sponsor Rep. Glenn Donnelson, R-North Ogden.
The bill focuses primarily on Social Security Number fraud, which Donnelson says is used by undocumented workers, sex offenders and deadbeat parents. The first for work, the second to avoid being tracked, and the third to avoid paying what they should.
While Donnelson says that the bill is an "identity theft" bill, immigration factors heavily. And some members of the House Public Utilities and Technology Committee felt that despite the lofty goals, there are reasons for caution. First is that the system that is being used by the federal government has proven less than accurate in the past.
Rep. Rebecca Chavez-Houck, D-Salt Lake City, was the lone vote against moving it to the floor for debate.
"The jury's still out on whether it's being affective or whether it's causing more problems," Chavez-Houck said afterward.
She's referring to results from the system that is currently run by the federal government. It's the same system that didn't catch 200 undocumented employees at the Swift meat-packing company in Smithfield.
"That is one instance where you have 200 people using this online system that was unable to verify who they were," said Richard Tsai, an immigration attorney who testified Tuesday.
Tsai, who takes a neutral stance on the bill, said the system definitely has some kinks to work out.
A naturalized citizen is 10 times more likely to be flagged by the system, and someone with a legal temporary work visa is 30 times as likely to be flagged. And while multiple states are using the federal system, Illinois is in litigation over a law it passed, as is Arizona.
Chavez-Houck is also opposed to the bill on principle. Immigration needs comprehensive federal reform, she said, not a piecemeal approach on the state level.
"If there was a way we could work toward increasing the number of work visas," she said, before trailing off.
The "nay" vote was Chavez-Houck's first vote in her first committee meeting as a lawmaker. She was appointed to replace Ralph Becker, who was elected as Salt Lake City's mayor in November.
The bill, which passed 11-1, now moves to the full House for debate on the floor.
HB 98, Utah Employment Verification Act
Sponsor: Rep. Glenn Donnelson, R-North Ogden
This bill would modify provisions of the Labor Code in General to require certain employers to participate in a federal program to verify the employment eligibility of employees.
Infobox1
Social Security identity theft numbers in Utah
3,554 numbers that belong to children are being used to collect wages
20,025 numbers are being used by two or more individuals with different surnames
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