Billy Hesterman
Daily Herald
Posted: Saturday, February 4, 2012 12:05 am

SALT LAKE CITY -- State Rep. Chris Herrod is willing to remove a provision of his immigration bill that would penalize police agencies that fail to follow through on enforcement provisions in the legislation.

The section in question would require the state to withhold funds from departments that fail to enforce immigration laws. Herrod, R-Provo, said he has been disappointed that the so-called Burbank piece -- referring to Salt Lake City Police Chief Chris Burbank, who has been outspoken about local police officers acting as immigration officers -- has taken the spotlight away from the main points of the bill.

"I thought it was unfortunate that that is what people concentrated on," Herrod said.

Herrod said he has included enforcement provisions in the proposal because he feels it balances the other part of the bill that aims to help those who have overstayed their visas and wish to stay in the state. He explained that the proposal is intended to have a balanced approach to help those who immigrated legally and now wish to stay and punishes those who illegally came into the state.

Herrod's bill was introduced in the first week of the session but has not moved through the legislative process yet. He noted he was still waiting for a fiscal note, a statement on the financial impact the law would have on the state, to be finalized and then he expects it to be assigned to a committee. He noted that he doesn't anticipate legislative leadership to hold his bill up in the process, even though it aims to dramatically alter House Bill 116, a comprehensive immigration reform measure passed last year that creates a guest worker program -- a bill Republican leaders have defended since its passage.

House Speaker Becky Lockhart, R-Provo, said she feels more comfortable with the bill with the Burbank portion possibly being removed. She noted that any changes to H.B. 116 would be an attempt to improve upon what was passed in 2011, not a concession that the law was wrong.

"I wouldn't say it would undo the commitment or the feelings that people had toward that legislation," Lockhart said. "If we went in to make changes to it that is a pretty common thing to do to a law."

Herrod said he hopes to see the bill assigned to the House Law Enforcement Committee as he expects it will fair best with those committee members. If it is assigned to another committee he isn't as sure about the bill's fate.

Despite immigration being the hot topic of the 2011 session, it appears to be the topic many lawmakers want to avoid during this session. Only two other lawmakers have bills being drafted that deal with immigration. Rep. Steve Urquhart, R-St. George, is drafting two bills -- one that repeals H.B. 116 and one that eliminates the driving privilege card issued to immigrants. Rep. Stephen Sandstrom, R-Orem, has an immigration bill that is expected to deal with e-verify that is expected to be released to the public soon.

House Bill 300, Illegal Alien Related Amendments

Sponsor: Rep. Chris Herrod, R-Provo

This bill makes changes to HB 116, including eliminating the guest worker program, adding enforcement requirements and setting up a system for immigrants who overstayed their visas.

Read more: Herrod willing to remove 'Burbank piece' of immigration bill