A bill that would give Arkansas one of the toughest stances on illegal immigration in the country has been languishing in a state House committee since Jan. 13.

So rather than continue to fight for one comprehensive bill, Sample filed two measures last week that were cleaved from HB 1093 - the parts he thought most likely to be approved by the 87th General Assembly.

"I'm going to withdraw it and make a motion to send it to interim study," said state Rep. Bill Sample, R-Hot Springs, author of House Bill 1093. "We can hear all the complaints, and people could testify about what good it could do. It would be a public forum. ... And we could try that sucker again.

"This is a big elephant," Sample said. "You've got to eat one bite at a time."

On Feb. 19, Sample filed House Bill 1550, which would limit the period that identification cards are valid when issued by the state to people who aren't U.S. citizens. Sample withdrew that bill on Feb. 27 and filed a longer version, which also included driver's licenses, as House Bill 1860 on March 3.

Temporary workers often come to Arkansas from other countries on four-month visas to pick crops. Many go to the Office of Driver Services to get state identification cards and driver's licenses. Arkansas Code Annotated 27-16-1100 requires the cards to be issued for four years. Sample said making the expiration date on the card the same as the visa would make it more difficult for illegal aliens to use it as ID if they overstay their visas.

State law requires documentation to get the card, but not to renew it. HB 1860 would allow the cards to be renewed only if the person's continued presence in the United States is lawful.

Sample's bill already has competition. On Friday, state Rep. John Edwards, D-Little Rock, filed House Bill 1978, which proposes optional driver's licenses and ID cards with "additional security features for enhanced identification purposes." HB 1978 states that the "enhanced security" cards would be issued to temporary workers for either one year or until their visa expires. Edwards' bill, which has been referred to the House Commit- tee on Public Transportation, has the governor's blessing.

"This is the bill that the Department of Finance and Administration has been already working on, so this is the one they're supporting," said Matt DeCample, spokesman for Gov. Mike Beebe.

Mike Munns, assistant commissioner of revenue in the Department of Finance and Administration, which oversees the Office of Driver Services, said there are a few drawbacks.

"It also means more people are going to be coming back into our revenue offices - longer lines," he said. "So there are some other impacts to also consider."

On Thursday, Sample introduced House Bill 1929. If an employer pays a worker in cash and doesn't deduct or withhold the amount required under Arkansas Code Annotated 26-51-916, the employer would face a civil penalty of triple the amount he failed to withhold or deduct.

"It's aimed at people who hire illegal aliens and the exploitation of illegals," Sample said, "but it casts a pretty wide net. It will not only catch people who hire illegals. It will catch anyone who doesn't pay the taxes they should for employees."

For the time being, other parts of Sample's HB 1093 have been abandoned or shelved, including:

Preventing illegal aliens from getting in-state tuition, scholarships or financial aid at Arkansas colleges. Sample said federal law already does that.

Creating an Arkansas State Police unit to investigate illegal immigration. Sample said Beebe provided him with an impact report saying it would cost $6 million a year to operate the new unit with an officer designated to every two-county area. Cost could make that prohibitive, Sample said.

Making it unlawful for people to "conceal, harbor ... shelter from detection" or "transport" an illegal alien if they show "reckless disregard" or commit the act while knowing the person is in the country illegally. The charge would have been a Class D felony, punishable by up to six years in prison and a fine up to $10,000.

Sample said it would be very difficult to get the House Judiciary Committee, where HB 1093 is lodged, to go along with felony charges for knowingly concealing, harboring, sheltering or transporting illegal aliens.

"That would be a battle I would never win," he said. "I'm having trouble getting these common-sense issues out."

Besides Sample's bills, state Rep. Jim Nickels, D-Sherwood, also filed an immigration-related bill. House Bill 1383, filed on Feb. 5, would allow the state Contractor Licensing Board to suspend or revoke the license of a contractor who knowingly employs workers who don't have legal status in the United States, whether they're employed directly or through a subcontractor. HB 1383 also would allow for civil penalties of $200 for each day the employer violates the law.

"It would stop exploitation of the undocumented and protect the worker with proper documentation," Nickels said via email.

Also, on Wednesday, state Sen. Joyce Elliott, D-Little Rock, introduced Senate Bill 799, which would provide in-state tuition to anyone who attended a "secondary educational institution" in Arkansas for three years and either graduated from an Arkansas high school or received a general education development diploma in the state.

Elliott's bill states that "a student without documented immigration status shall file an affidavit ... stating that the student has an intent to legalize his or her immigration status."

SB 799 has been referred to the Senate education committee.

http://www.nwanews.com/adg/News/254569/