Page 158 - An Indispensible Resource for Being a Credible Activist

compensation claims, administrative law judges of the Florida Division of Administrative
Hearings, and child support enforcement-hearing officers. Florida also excluded the records
and timesheets of employees who are victims of sexual violence from the State’s public-
records requirement. Legislation enacted in Hawaii now requires each State and county gov-
ernment agency to designate an agency employee to have policy and oversight
responsibilities for the protection of personal information. Idaho employment security law
was amended to provide that certain specified employment security information be exempt
from disclosure, except that such information may be disclosed as necessary for the proper
administration of employment security programs or, subject to certain restrictions and fees,
may be made available to public officials for use in the performance of their official duties.
Indiana expanded the types of public records that are exempt from public disclosure unless
access to the records is specifically required by Federal or State statute or is ordered by a
court under the rules of discovery. Maine expanded the protection provided for the personal-
contact information of public employees; however, such protection is not extended to
elected officials. Missouri prohibits employers from requiring personal identification
microchips to be implanted into employees for any reason. New York employers may not
publicly post or display an employee’s Social Security number, visibly print a Social Security
number in files with unrestricted access, or communicate an employee’s personal identify-
ing information to the general public. Tennessee now prohibits the disclosure of home
addresses, phone numbers, dates of birth, Social Security numbers, and driver’s license
information of State and local government employees, including law enforcement officers
and their family members. Utah amended the State Government Records Access and
Management Act to add protected status to certain information if the information is prop-
erly classified by a government entity.

ARIZONA

Immigrant protections. The State Legal Workers Act was amended by modifying the crimes
of (1) taking the identity of another person or entity and (2) trafficking in the identity of an-
other person or entity. The Act, as amended, now requires any State or local agency issuing
a license in the State to verify that the applicant is lawfully present in the United States. The
Act also expanded the scope of the crime of identity theft to include knowingly accepting
the identity of another person if, when hiring an employee, the person doing the hiring
knowingly accepts any personal identifying information of another person from the prospec-
tive employee, knowing that the prospective employee is not the person identified, and if
the person doing the hiring uses the said information for work authorization under Federal
law. Accepting the identity of a person when one knows that the person is not the one iden-
tified is a Class 5 felony. The State Legal Workers Act also establishes the Voluntary
Enhanced Employer Compliance Program, which allows employers to voluntarily comply
with certain verification requirements in cooperation with the State attorney general’s office.
First violations shall subject the employer to a 3-year probationary period for the business
location where the unauthorized alien performed work. For a second violation, the court
shall order the appropriate agencies to permanently revoke all licenses held by the employer

CHAPTER 11 • Different Laws in Different States 141