Tulsa World: Updated: Business leaders seek to have HB 1804 revisited

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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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