http://www.azstarnet.com/sn/border/127615

Published: 05.04.2006

Lawmakers make border-bill concession
But Napolitano has new objection to GOP measure
By Howard Fischer
CAPITOL MEDIA SERVICES
PHOENIX — Republican legislative leaders are now willing to provide cash to put National Guard troops on the border without adding special conditions.

But Wednesday's concession to Gov. Janet Napolitano may bring GOP lawmakers and the governor no closer to agreeing on terms for a comprehensive border security plan. Napolitano is now raising objections to another provision, this one dealing with sanctions against companies that knowingly hire illegal immigrants.

Rep. Russell Pearce, R-Mesa, said the measure, now set for a hearing next week, would simply give Napolitano $10 million to pay to put "boots on the ground" in Southern Arizona.

Gone will be a provision from an earlier version that said any time a governor declares a border emergency, National Guard troops must be deployed. The governor, who declared such an emergency last August — one that remains in effect — vetoed that measure, saying it would interfere with her constitutional duties as commander in chief of state Guard troops.

Pearce said he and other GOP leaders decided to replace it with a "legislative intent" clause, specifying that lawmakers are providing the cash to have National Guard troops take a role in dealing with the emergency caused by illegal border crossers. But these clauses are not legally binding on the governor.

The move, however, does not bring the two sides closer together.
On Wednesday, Napolitano publicly raised the new issue. She said a provision to track down and penalize employers who hire people in the country illegally is flawed because it doesn't provide additional funds for the state Attorney General's Office.

One provision of the proposal requires the attorney general to audit the employment records of up to 5 percent of all businesses that have state licenses, which Napolitano said is not acceptable.

"If you want to have enforcement, put the money behind it so we can have the manpower," she said.

Andrea Esquer, press aide to Attorney General Terry Goddard, said the office is preparing estimates of how much more money would be needed to comply with the mandate.

But Pearce is questioning whether Goddard needs an outright appropriation of tax money.

"It's the largest law firm in the state," Pearce said, with a $64.5 million basic operating budget. He said Goddard has enough staffing and resources to devote some to enforcing the new law.

Pearce said it's no different from when legislators enact changes to the criminal code that create more work for prosecutors.

Esquer, however, said that if lawmakers want to add a major new chore to the agency, they have to provide the required staffing — or, as an alternative, tell Goddard what his agency is doing now that they no longer want done.

Pearce said there is another option. He pointed out that the omnibus bill would provide $30 million for grants to border communities, police departments, prosecutors and courts to deal with the effects of illegal immigration.

"He can apply for some of that grant money," Pearce said.