Hiring law won't hurt honest firms

Aug. 18, 2007 12:00 AM
The recent editorial, "Jobs in jeopardy," would be enough to scare me if I did not know the facts.

The apocalypse is not closing in on Arizona business because of the recently approved employer-sanctions law.

Contrary to The Republic's editorial on Aug. 10, prominent companies like W.L. Gore and the Cancer Treatment Center of America have decided to expand in the Phoenix area.

That is because the legislation approved in June is fair and seeks only to sanction the businesses that knowingly hire illegals. What makes the editorial so off base was its blatantly incorrect assertion that a business could lose its license for a single innocent mistake. Prosecutors must prove to a judge, according to the legislation, that a business "knowingly" hired an illegal immigrant.

No Arizona business will lose its license because of one or two mistakes. It can't happen, period. This law is tough. It is also fair for honest businesses interested in following the law. Lawful businesses that don't knowingly hire illegals have nothing to be concerned about.

The law goes into effect Jan. 1 and requires all business to use the Basic Pilot Program to verify that new employees have a right to work in this country. The Basic Pilot Program uses federal databases to match names and Social Security numbers.

Once the program gives the OK on an inquiry, the receipt becomes a defense for the employer. Employees who were hired before January must have the proper paperwork that is required by federal law.

The Legislature's intent is not to harm or scare the business community.

While some believe it is unfair to place a business' license at risk for breaking the law, the fact is that every business in the state already faces serious penalties, including loss of a license, for breaking the law. For example, a convenience store can have its liquor license revoked for selling to minors. A certified public accountant can lose a license upon conviction of a felony. Restaurants can be shut down for health violations, nursing homes for abuse, and bars for serving underage customers.

To suggest that this law will place honest businesses at risk and that legal employees should now fear losing their jobs is just hype. As a business owner, I know firsthand what it takes to go into business and how incredibly challenging it is to stay in business.

The level of proof to show "knowingly" is a high legal standard.

I have worked my entire legislative career to make Arizona the best state to live and raise a family. Business means jobs, and jobs are essential to a thriving economy.

Scare tactics are normally the option of the last resort. I think attempting to scare people is wrong, and the noble approach would be to emphasize the idea that Arizona is a state that believes in the rule of law and following the law. Doing the right thing is not only good for Arizona, but good for business. - Jim Weiers,Phoenix
The writer, a Republican from District 10,
is speaker of the Arizona House
of Representatives.

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