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Updated: Business leaders seek to have HB 1804 revisited
By JIM MYERS & BARBARA HOBEROCK World Staff Writers
Published: 2/17/2008 2:55 AM
Last Modified: 5/30/2008 3:18 PM
The latest on this story: HB 1804: Henry urges patience
Kell Kelly, CEO of SpiritBank, called the law
Draconian but realizes it will be an uphill battle.
Key business leaders in Oklahoma
are preparing efforts, including a
possible public information campaign, to revisit what one called the
Draconian and insidious aspects of
the state's landmark immigration
law.
Despite the heavy hitters from the
business world and the amount of money that could be involved in the
efforts, it appears supporters will not
have an easy time persuading leaders at the state Capitol to take a second look at the new law so soon.
The law created by House Bill
1804 makes it a state felony to knowingly transport illegal aliens, creates
state barriers to hiring illegal immigrants and requires proof of citizenship to receive certain government
benefits. After July 1, it requires
state contractors to check the immigration status of workers.
Supporters of the efforts privately
concede they face an uphill battle in
an election year on such a hot-button
issue as immigration.
"In order for this issue to be
fully understood, it will require
a public information campaign,"
said Kell Kelly, CEO of SpiritBank, who explained
he could
not confirm that such an effort
already was under way.
"But I can tell you this is not
something the business community or any of the major
chambers of commerce are going to be able to not engage in."
Kelly laid out two major issues with the new law: "man's
inhumanity to man" and the "absolute Draconian effect" it has
on the state's economy.
"Without legislative action,
there will have to be some sort
of public awareness campaign
that brings to light the very Draconian and insidious nature of
this legislation," he said.
When asked why business
leaders did not take more of an
active role when H.B. 1804 was
working its way through the
legislative process, Kelly conceded he did not realize the
depth of the ramifications or the
punitive nature of the measure.
"It caught me flat-footed," he
said.
Oklahoma's immigration law,
one of the first passed on the
state level and viewed by some
as the most stringent, already
has been hit by several lawsuits,
including a request for a federal injunction filed Feb. 1 by the
U.S. Chamber of Commerce
and local chambers in Tulsa and
Oklahoma City.
They are asking the court to
bar the state from implementing
provisions on verifying eligibility for workers and authorization
status of independent contractors.
Those provisions place an unreasonable and unfair burden
on Oklahoma businesses, the
lawsuit claims.
While not involved in the lawsuit, supporters of the other efforts are watching it closely as
they prepare what one described as "diplomatic efforts"
at the state Capitol.
One goal could be to delay
the provisions of the law that
kick in this summer that deal
with requirements at the subcontractor level.
Such a delay could give businesses and the public more time
to determine exactly what kind
of issues that could arise, a
source said.
If that approach fails, the
source said, the public awareness campaign could be
launched, not to criticize state
officials or defend illegal immigration but to make the public
aware of what was described as
the unintended consequences
of the law.
Several state leaders said
they had not been approached
by business leaders about revisiting the law, but some said they
had heard reports of such efforts.
No one gave those efforts
much of a chance.
"I think public sentiment is
very strong that what we did
was appropriate," House Speaker Chris Benge, R-Tulsa, said. "I
would be reluctant to change
the bill."
Senate President Pro Tem
Mike Morgan, D-Stillwater, said
he has talked to dozens of companies regarding the impact the
measure is having, adding he
has heard about the possibility
of a privately funded campaign
to sway public opinion.
He said the law's full impact
has yet to be determined, warning it would be dangerous to attempt to fix things before the
measure's full impact is known.
Senate Co-President Pro Tem
Glenn Coffee, R-Oklahoma City,
said he was aware that a number of business leaders have
held discussions.
"I don't know the details," he
said.
Coffee said he doesn't see significant changes to the measure
happening.
A spokesman for Gov. Brad
Henry said companies have not
approached the governor about
the issue.
At the time he signed the bill
into law last year, Henry said
state leaders should monitor it
closely to watch for unintended
consequences.
Rep. Randy Terrill, R-Moore,
the author of H.B. 1804, also
said he has not been approached by companies seeking
to alter or repeal the bill.
Terrill said he finds it incredibly troublesome that some big
business organizations and
their chamber allies in Tulsa
and Oklahoma City believe they
own the legislative process.
On its way to becoming law,
the legislation drew overwhelming support among lawmakers,
passing the House by a vote of
84 to 14 and the Senate by 41 to
6.
Jim Myers (202) 484-1424
jim.myers@tulsaworld.com
Barbara Hoberock (405) 528-2465
barbara.hoberock@tulsaworld.com
By JIM MYERS & BARBARA HOBEROCK World Staff Writers
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