Child ID Theft Victims - You’re On Your Own (Update - Illegal Immigration)

I’ve been planning to plug UCourts again for checking who is using your child’s identity (or your identity) and after yesterday, I figured now would be a good time to quit putting it off.

With the recent Utah election results (Chaffetz being the exception), it is highly unlikely that employers will never be required to verify identities of those they employ.  As a matter of fact, I expect we will take a step back and watch as the 2009 (non-election year) legislature guts the recently passed legisltation that requires State contractors to verify identity of their employees (at least the Feds require it now).

The result is that children’s identities will continue to be a prime commodity for identity thieves, illegal immigrants, fugitives and deadbeat parents.  Unfortunately, that means you will be on your own to proactively protect your and your children’s identities.

The best resource, thus far, that I have found is UCourts.com (click here for a more detailed review/discussion - also note: I have NO financial etc affiliation with UCourts).  It will cost you $5 per search but this remains the best deal by far that I have found.  I have also been very satisfied with UCourts customer service.  In any case, UCourts allows you to type in your child’s social security number and view a report (hopefully blank) on who is using the number.

While it may be annoying to have to check identities, I can not recommend doing so strongly enough.  Cleaning up identity theft is an incredibly time consuming and costly venture but the sooner you discover and act upon the theft the greater the above costs are mitigated.  Further, it is much better to take proactive action to discover identity theft than find out when the IRS comes to collect the back taxes you or your two year old owe for that second, third, or twentieth job using your Social Security Number, or when your child is turned down for income qualifying scholarships or internet access based on their unexpectedly high earnings or bad credit histories.

Unfortunately, even law enforcement (depending on the department) is often unwilling to help as in the case below.  While talking to the family, they noted that the California law enforcement agency was not interested in taking action against the individual using the child’s identity (the family even know his name and location thanks to UCourts).  At least in her case LifeLock stepped up and helped:

It is also worth checking the comments on the above report (one commenter’s child is a victim).

Finally, child identity theft is much more prevalent than most people believe.  It is estimated that up to 50,000 Utah children have had their identities compromised and 1.1 million in Arizona (PDF) may have as well (note: Arizona now requires all employers to verify identity).  Strong vigilance on your identity will continue to be necessary to lower the chances of becoming a victim:

UPDATE: Will this change my prediction on SB81 being gutted: Most Utahns stand behind get-tough immigration bill

No, it will not.  While 75% want the bill left intact and 55% want measures expanded, given the recent Utah election results, we will, likely, see them gut the bill and guarantee Utah’s continued status as a gateway state for illegal immigrants and job-safe haven for fugitives and other identity thieves.

Criminal Illegal Immigrant Education (Update)

Apparently, we are helping to pay for criminal illegal alien education programs. The Davis County Clipper had an article on April 10, 2008, entitled “Jail inmates offered education programs” (not available on the web). The article notes three programs in place for the inmates: GED certificate (General Education Development, ie ‘High School diploma’), ESOL (English for Speakers of Other Languages), and ABE (Adult Basic Education - literacy education).

The programs are administered by the Utah State Office of Education. I found the programs are under the Adult Education department (more information is available at the link).

There are no disqualifications (involving legal residency) for participation in the programs. I understand that the ESOL program is volunteer driven and that no residency criteria is required for the use of Federal (tax) funds. However, all programs are open to those who are here illegally and have engaged in criminal activity.

We have the pleasure of paying for these programs via our tax dollars. At least, only those legally here should have access, but that is not the case.

Further, I would hope that obtaining the GED will not, then, entitle a criminal illegal immigrant who has resided in the state for three years to qualify for our in-state tuition. If so, what a deal: enter illegally (butting in front of those in legal immigration lines), commit a crime, get a taxpayer funded education and then be rewarded with discounted tuition at one of our universities (while legal immigrants and US citizens without criminal records pay the nonresident rate). Good grief.

Your tax dollars at work.

UPDATE:  While I’m still looking for the written administrative rule addressing in-state tuition HS attendance documentation, I am told that High School transcripts are required.  That only partially solves the problem, however (criminals illegal aliens still get tax-funded education and certain criminals will still qualify for the tuition benefit).  See comment 6 for details (and the rest of the comments for background).

Big Retraction: Davis and Weber Commission (UTA Tax)

It is late and I really don’t feel like typing up a post, but this is important as I dislike inaccurate information which can mislead.

I was wrong and partially wrong (government is still raising the price of goods). The Davis and Weber County Commissioners were NOT complicit with the legislature (specifically, Speaker Curt Bramble) in the UTA tax grab.

I had a chance to talk to someone with the Standard Examiner who was present when the legislature voted in the Utah Transit Authority (UTA) tax. While the Standard’s article (which I based my comments and suspicions on) indicated complicity by the commissioners, it should not have and should have made the article clearer on the subject. To their credit, the Standard source I talked to was totally upfront and honest about this. They said, ‘we make mistakes sometimes and do make it a priority to present clear information’. Fair enough. So It is my turn to say the same.

Now for the full story to clear everything up:

Speaker Curtis Bramble got the UTA tax increase passed at the 11th hour of the legislative session. It completely caught the Commissioners off guard. They had zero foreknowledge of the plan.

Why would Bramble care? Here’s why:
The tax money is NOT kept in the county where it is collected. UTA distributes it as they desire - especially into areas they’re developing, expanding, etc. Areas like Utah County. Guess who Bramble represents…

By placing this tax on us, UTA gets their way and Bramble lets us pay for Utah County’s benefit (rather than they pay for it themselves). UTA also gets it’s way in the process. I would guess UTA came up with this and had Bramble carry it out, but I don’t know that for certain.

Frankly, Bramble has made a superb Machiavellian* political move for his ‘principality’ (negligible political cost and reap benefits for him). I don’t like it at all, and this think it was lousy - in many respects, it is as state version of earmarked pork, but it was a shrewd move.

As such, my appologies to the Commissions. While I’m still uncertain, it appears that they were holding the line against UTA’s tax lust and inaccountiblility. The editorial cartoon I posted should have omitted the Commissions.

Going forward, it would be best to focus scrutiny on UTA. I would encourage Weber and Davis Commissioner’s to team up and protest the move. I would also encourage them to expect strict accountability from UTA (especially after the “executive bonus” flap) and, since we’ve had the tax shoved down our throat, press UTA that the money be accounted for and spent in our respective counties.

*Note: Machiavelli gets a bad rap. He just wrote about what has worked historically. When I use “Machiavelli” it isn’t derogatory, usually it indicates political astuteness. However, such tactics can be misused with serious consequences.

Government raises prices in Centerville, Bountiful, and Davis and Weber Counties (Update)

First, there’s the Standard Examiner’s “Lipstick on a pig” editorial regarding the tax increase in Weber and Davis counties for the Utah Transit Authority (UTA). One thing, in particular, struck me. I thought the tax increase was on non-food items. Evidently we’ll be seeing taxes on food (and food costs) increasing:

…the Legislature re-imposed the 0.05 percent sales tax on unprepared food — the grocery tax — to fund Utah Transit Authority operations in Davis and Weber counties.

UPDATE: Correction:  Davis and Weber Commissioners do NOT bear responsibility (click link for details on who is) for the tax hike as indicted.  The rest of the post, is however, correct regarding all the taxes imposed upon us.

The food tax is a regressive tax that impacts the poor proportionally more than others. We can, primarily, thank Davis and Weber County Commissioners for the increase they are trying to avoid taking responsibility for.

Second, the RAP tax kicks in this month (I think it started on April 1 but I’m not positive). Centerville and Bountiful residents now have the pleasure of being forced to subsidize live theater fans’ ticket prices and mayoral or city council pet projects. In other words, prices at Bountiful and Centerville stores just went up. Those in West Bountiful, Woods Cross, and North Salt Lake will remain the same.

Third, Bountiful residents also get to see power bills increase, unspecified cuts in power services, and the city maintain its $2 million transfer to itself via the covert power tax.

Ultimately, Bountiful residents get a governmental tax-and-spend hat trick (UTA, RAP, and the power tax) but all will see costs of goods increase as retailers charge the tax(es) and pass the power costs onto consumers.

UTA Has It’s Way With Davis County (tax increase)(Update)

The Utah Transit Authority (UTA) went to the legislature and our taxes have been increased as UTA desired, like it or not:

Davis and Weber County residents will pay the 0.05 percent sales tax earmarked for the Utah Transit Authority beginning July 1. Following a Council of Governments meeting last week in Sunset, Davis County Commissioner Bret Millburn said the decision was taken out of the hands of commissioners during the recently-completed legislative session, when it was determined that the intent of SB 245, passed in 2007, was that residents of any county in the state with transit systems would pay the 0.05 percent sales tax.

NOTICE: Read this post before reading further!

Did the County Commissioners oppose this power grab by the legislature ala Real Stadium deal?

In both cases the legislature took the decision from the governmental jurisdiction (the county) and those most effected by it (county citizens).

This may be nothing more than another political ‘washing of hands’ we’ve seen before. Commissioners can claim the decision was taken away from them while quietly offering no opposition in an attempt to avoid culpability. Based on the following statement, I doubt Commissioners opposed the power grab:

Millburn added [referring to meetings with UTA], “I believe growth took place on both sides. Through the hours of sessions, I believe it developed in a way there was parity across the board.”

In the meantime, it looks like another sunny day for a tax-subsidized business.

Background: Davis County Commision Going Wobbly on UTA Tax?

UPDATE: Please see the link provided in the comments for proof that Davis Commissioners were, knowingly complicit in this tax increase.

MAJOR UPDATE: See Big Retraction: Davis and Weber Commission (UTA Tax)

Shocked: State of Utah Using E-Verify (Update)

First, Governor Huntsman actually signed SB 81 which will require the State and State Contractors to use E-Verify on their new hires beginning July, 2009. Again, I’ll remind you that this law will require very careful attention in the 2009 legislative session as it will be a non-election year and legislators will be tempted to gut the law to please the pro-illegal immigrant lobby and cheap labor donors. Frankly, you can count on no opposition of such a move by Gov. Huntsman.

Now for the shocking stuff. I’m certain this started very recently, but am not sure on the actual date this was implemented (look at the bold red lettering below the “Sort Open Jobs by” box):

Looks like identity thieves will find it much harder to get a State job (in the Executive Branch). Same can’t be said of regular jobs in Utah, yet. I assume the Governor ‘okayed’ the policy shift. Hopefully this is a good sign for the future…

PS - Don’t forget this is an election year - this may be exerting a temporary influence on the Governor and Legislators. We’ll see how long E-verify is used.

UPDATE: I was informed that the State has been using E-Verify since October and is very pleased with it, thus far. Also, the assumption that Governor Huntsman approved of its use may be wrong, this may have been an administrative decision by the personnel department. Whoever decided to implement this - kudos!

Finally, this ONLY applies to State hires.  Contractors who receive tax/State money can still hire illegal workers until July, 2009 (IF SB 81 isn’t tampered with next year).

2008 Legislative Wrapup (my picks)

SB 81 - Illegal Immigration, made it through and is on the Governor’s desk. I called the Governor’s office this morning and a asked if Governor Huntsman had taken a position on the bill. The staffer was a bit wishy washy but stated that the Governor did indicate that he would sign the bill. Nevertheless, it is still advisable to contact his office (801-538-1000) and ask that he sign the bill. It is also extremely advisable to keep an eye on the implementation of this bill over the next year as the legislature delayed it’s implementation until mid-2009. This gives them the opportunity to tout that they’ve address the illegal immigration issue during this election year and, after re-election, turn around and gut the bill in the 2009 session. The need for vigilance on this bill can not be overemphasized.

Some illegal immigrant activists are already screeching “racism” to try to derail the bill (whether it be by Governor Huntsman on the 2009 Legislature). Gotta love that way overplayed ‘race card’. As usual, when all else fails, go for the race baiting personal attacks. In the meantime, Utah will remain a gateway State for illegal immigrants and various identity thieves.

HB 241 didn’t make it. It would have required illegal immigrants receiving in-state tuition benefits not to engage in identity theft to get a job. Apparently, that is asking too much. Compassion seems one-sided again: care for the ID thieves while ignoring the victims. Additionally, illegal immigrants get to keep their taxpayer funded driver privileges as well.

The nanny state prevailed in HB 140. Parents are, obviously, way too incompetent to decide what is best for their children so the State needs to take over. I can’t wait until the day that we have mandatory home inspections/searches for smoke and CO detectors. You may call the Governor and ask for a veto but I wouldn’t hold my breath on Huntsman - he’s big in social programs etc (even if it uses your money).

Kudos to the legislature for killing a pro-gun bill which was turned into a gun control bill by Representative Urquhart (R-St. George).

The legislature took the tax surplus (tax overpayment) and used it on various programs. That includes a teacher salary increase which, unfortunately, is not weighted based on teacher performance (they all get the same no matter how good or bad they do). We’ll see how much of it actually makes it to classroom teachers vs. what is siphoned off to District administrators. The use of the overpayment without any return to those paying it (taxpayers) is not surprising, based on Huntsman and Legislators indications, at the beginning of the session, that taxpayers got enough last year.

Finally, Senator Hatch et al. have ’seen the light’ on illegal immigration and have requested more ICE officers for Utah. Of course, they timed this at the end of the legislative session when no action could be taken (or legislation influenced). Smells of political gaming to me. If their serious and we actually see the officers here, it might be a step forward but we’ll see if this isn’t just election year footsie.

HB 241 - Illegal Immigrant In State Tuition (Action Needed)

Here’s another bill worth calling the House Leadership about.

First, HB241 (Repeal of Exemptions from Nonresident Tuition) will, actually, NOT repeal in-state tuition for illegal immigrants. However, it would require them to sign an affidavit stating they will not gain employment or earn income while they are in school unless approved by the US Government (ie the US grants legal status).

The reason for this is that those who get a job must use a stolen Social Security Number and commit several felonies (falsified identity, government documents etc). The bill attempts to address the ‘compassion’ issue by allowing them to get in-state tuition but also prohibits beneficiaries from victimizing others by stealing their identity in order to gain illegal employment.

Action

The House must ask the Senate to vote on this bill. Call 801-538-1029 and ask to leave a message for Representatives Greg Curtis, David Clark, and Gordon Snow.

Ask that they, as House leadership, request that the Senate address and support HB 241 (specifically Senator Dayton’s substitute).

You may also email each member: gcurtis@utah.gov (Speaker), dclark@utah.gov (Majority Leader), and gsnow@utah.gov (Majority Whip).

I still don’t consider the bill to address the fairness issue but it is a step forward as it, at least, addresses the identity theft issue.

SB 81: Baby Steps and Extreme Vigilance

SB81 has been passed, BUT there is still work to be done.

First, contact Governor Huntsman (801-538-1000) and strongly, but politely, ask him to sign the bill. It is also worth asking what position the Governor has taken on this bill.

For more background see: Help With SB 81 - Illegal Immigration and SB 81 - Illegal Immigration - Update

Second - contrary to news reports, who consistently get it wrong, the bill only affects businesses that contract with the state (not business, in general). Hence the baby steps to identity theft protection (see the “Help with SB 81″ post for links on this issue too).

Next, the bill may be good once it goes into effect. However, an amendment delayed implementation until July, 2009 (again, baby steps). That means criminal illegal immigrants will be released onto our streets (via parole, end of sentence, etc) and be allowed to earn tax money and public benefits while they and other ID thieves continue to use stolen children’s identities.

In addition, since Senator Jenkins and his group were successful in delaying implementation until 2009, his task force (SB 97) will be able to issue their report before the provisions go into effect. However, I have a sneaking suspicion that the task force is not much more than a mask for a study in excuses and spin to, ultimately, kill implementation of SB 81. The legislature may do so next session (2009). Hence the need for extreme vigilance, especially during the 2009 session to ensure that reforms are not spiked. This is even more important as 2009 (unlike this year) is not an election year.

Basically, they can pass SB 81 this year to cover their political butts during an election year only to rescind or gut the measures (thereby pleasing Chamber of Commerce, big business, and other lobbyists) after re-election. It would be a classic Machiavellian-style maneuver.

Continued vigilance over the next full year is crucial.

Finally, it is also worth observing that Representative McIff was able to put a provision in the bill to allow transporting illegal immigrants less that 100 miles (excluding that from ‘human trafficking’ provisions) in an, apparent, effort to appease groups who knowingly use illegal immigrant labor.

SB 81 - Illegal Immigration - Update

This will be fairly short. SB 81 easily passed the Senate yesterday (click here for Senator’s votes).

However, Sen. Jenkins amendment succeeded on voice vote (ie no record of who voted for it). The amendment delays provisions until July 1, 2009. This gives legislators etc another year (and session) to spin reasons not to take action and, possibly, spike this bill in the next session.

Provisions affected by this include:

1. State and local governments will not have to verify employment eligibility for another year. Apparently, we need to wait another year for even the government to check if a prospective employee is using a stolen identity. Note: the provision requiring state contractors to verify eligibility was already set to 2009 by the bill sponsor.

2. Criminal illegal immigrants booked into prison will not have their status checked and be turned over to ICE until 2009. That means they can/will still be turned back out onto our streets.

3. You can lay-off a legal worker and replace that worker with an illegal worker with no State consequences until mid 2009.

4. Illegal immigrants can continue to receive taxpayer funded public benefits until mid 2009.

For the full list of affected measures go to the bill text and read the ‘Highlighted Provisions’ section (lines 11 through 63). Note: the link is to the original bill, prior to amendment (the amended bill text is still unavailable).

In terms of the voice vote, I understand that Senators Jenkins, Stephenson, and Killpack joined with Democrats in delaying implementation. However, they are not the only Republicans that did so. I will try to get a full list. In the meantime, contact your Senator and ask how they voted on the Jenkins amendment (feel free to let me know their response).

So on to the House we go. Again, contact (801-538-1029) your Representative (Rep lookup) and ask them to support this bill and that the only acceptable amendment would be to strike Senator Jenkins amendment unnecessarily delaying implementation off until July, 2009.

Depending how things fair in the House, soon you will also want to contact Governor Huntsmanb (801-538-1000) who’s administration is poor on this subject.

Finally, for further background on this bill please see Help With SB 81 - Illegal Immigration.