Wednesday, March 23, 2011

HB 116 and GRAMA

Utah's HB 116 (Illegal Alien Guest Worker program) is bad legislation and has its own problems.

Many questions are flowing on the Internet facebook and emails about  HB 116 and the GRAMA law (HB 477)   Here's an explanation for those wondering, HB 116 does make a minor change to Grama. (When legislation is written and a change (however minor) is proposed the entire code section is generally provided to provide the context of the change.)

Here is the change:

Line 481 municipality[.]; and

482 (61) a record described in Section 63G-12-210 .

Here's the "fine print" - all NEW law:
885 63G-12-210. Verification of valid permit -- Protected status of information.
* * *

895 (2) Subject to Section 63G-12-212 , a record under this part is a protected record under  Chapter 2, Government Records Access and Management Act, except that a record may not be shared under Section 63G-2-206 , unless:

898 (a) requested by the Office of Legislative Auditor General in accordance with Section 36-12-15 ;

900 (b) disclosed to the State Tax Commission as provided in Subsection 63G-12-203 (2)(e)(vi); or

902 (c) disclosed to a federal government entity in accordance with this part or a waiver, exemption, or authorization described in Section 63G-12-202 .
 * * *

933 63G-12-212. Sharing of information related to enforcement.

934 (1) The department shall provide the notice described in Subsection (2), if the department determines that an undocumented individual:

936 (a) has the undocumented individual's permit revoked; or

937 (b) permits the undocumented individual's permit to expire and the department has reason to believe that the undocumented individual continues to reside in the state.

939 (2) (a) The department shall provide the notice required by Subsection (1) to:

940 (i) Utah's attorney general; and

941 (ii) United States Immigration and Customs Enforcement.

942 (b) The notice described in Subsection (2)(a) shall:

943 (i) include:

944 (A) the last known address of the undocumented individual; and

945 (B) the basis of the notice described in Subsection (1); and

946 (ii) be sent promptly after the day on which the time to appeal, if any, the action that is

947 the basis for the notification under Subsection (1) ends.

If you like a Guest Worker program, this is probably a good code addition - BUT BETTER YET, why not simply apply a similar idea for all DPC holders (illegal aliens) - If you (DPC holder) commit any law infraction (e.g. I-9 perjury, ID theft for employment, et al) your information will be dispensed similarly to ICE.

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