Bill to revise employer sanctions law clears Arizona House

03:32 PM MST on Wednesday, April 2, 2008

By JACQUES BILLEAUD / Associated Press Writer

PHOENIX (AP) -- One half of the Arizona Legislature threw its support Tuesday behind a proposal to fix perceived shortcomings in a state law that prohibits employers from knowingly hiring illegal immigrants.

Some proposed changes were sought by business groups that felt the law was unclear on many key points, such as whether the law applied to all employees on a company's payroll or only those hired this year and thereafter.

The proposal also would offer protections for employers who make good-faith efforts to follow a key requirement of the law. But it wouldn't prohibit prosecutors from pursuing anonymous complaints, which some businesses felt left them vulnerable to swipes from rivals and embittered employees.

"I have every reason to believe (Gov. Janet Napolitano) will sign it," said Republican Rep. Russell Pearce of Mesa, author of the law and sponsor of the proposed changes, which were approved in a 41-16 vote by the House.

The Democratic governor has said she welcomes improvements to the bill, but hasn't committed to whether she'd sign it into law if it reaches her desk.

Similar proposed revisions were being considered by the state Senate, which could take a vote on the bill as early as Thursday.

Intended to weaken the economic incentive for immigrants to sneak across the border, the law requires the suspension or revocation of business licenses of employers who knowingly hire illegal immigrants.

One of the proposed revisions that drew criticism would prohibit all state and local government agencies from giving business licenses to people who can't prove that their presence in the country is lawful.

"The passage of this bill would essentially make the state of Arizona a police state," said Democratic Rep. Theresa Ulmer of Yuma, an opponent of the bill who believes the provision would in effect turn agency employees into immigration officers.

Business groups had complained the law was unclear on which employees were affected by the law. The revisions bill would clarify that the law applies to only new hires this year and thereafter.

The law requires businesses to verify the employment eligibility of workers through a federal database.

Legislators also would offer an incentive for businesses to fulfill the database requirement, which only a portion of employers are following.

It would create a voluntary compliance program that would require workers to check the work eligibility of employees through the database.

Under the program, workers who aren't verified through the database would have their Social Security numbers verified by the employer through the federal government. And participants would have to agree to provide prosecutors with documents showing employees were verified through either method.

The bill said participants wouldn't be in violation of the law if they acted in good faith in doing the verifications and providing the necessary records.

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Associated Press writer Paul Davenport contributed to this report

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