Firms suggest sanctions-law changes
Mary Jo Pitzl
The Arizona Republic
Jan. 25, 2008 12:00 AM

A committee of business owners recommended half a dozen changes to the state's employer-sanctions law Thursday despite a warning that too much tinkering could bring on a ballot initiative with even harsher penalties for employers who hire illegal workers.

"I think by adding all these measures, we will have an initiative," said attorney Richard Bark, a member of the committee that House Speaker Jim Weiers assembled last fall to advise lawmakers on changes to the controversial law.

"If the bill is seen to be weakened, it (the ballot initiative) will go forward," said Bark, an attorney who has lobbied for various business organizations.





He was referring to a ballot measure currently being circulated that proposes a tougher employer-sanctions law than what is on the books. A key distinction is its "one-strike" provision, meaning any employer found to have knowingly hired illegal workers would lose his or her business license on the first offense.

The current state law allows for probation and temporary suspension of a business license for a first offense; the business license would be revoked for a second violation.

The proposed changes address some of the key concerns raised by business groups, such as how to deal with anonymous complaints and how the law defines "knowingly" hiring an illegal worker.

Bark told his fellow panelists that business interests are working quietly to get the ballot initiative's sponsors to back down, arguing that they should give the 3-week-old sanctions law time to play out.

"It's not in the headlines, it's not something we're talking about a lot," Bark said.

The ballot measure was launched last spring by state Rep. Russell Pearce, R-Mesa, and Don Goldwater. Many lawmakers have said they voted for what they call a flawed state sanctions law rather than have to live with a voter-approved measure that would be nearly impossible to amend.

Laws passed by the Legislature can be amended with a simple majority vote and the signature of the governor. Voter-approved measures require a two-thirds vote of the Legislature and must advance the cause of the underlying law. In recent history, only one voter-approved measure has been amended by the Legislature.

Despite Bark's recommendation, committee member Mitch Laird, who runs a number of Burger King restaurants, said the committee shouldn't be guided by fear. He successfully urged his fellow panel members to forward a number of proposed changes for lawmakers to consider.

The recommendations mirror many of the items contained in bills introduced last week by Rep. Bill Konopnicki, R-Safford, and Rep. Theresa Ulmer, D-Yuma.

The recommendations include:


• Requiring complaints about illegal hires to be made in writing and signed. The current law allows for anonymous complaints. Business owners have protested that the anonymity could bring on frivolous complaints and open them up to retributive complaints from competitors.


• Revise how the law defines "employee" to clarify that it does not extend to independent contractors.


• Clarify that a violation at one location of a business with multiple sites would not imperil the business license of those other locations.


• Clarify the definition of "knowingly" in terms of hiring an illegal worker to require actual knowledge that the employee is not authorized to work in the United States.

Weiers was non-committal about his position on the recommendations, although he said they will be shared with lawmakers.

"I think everything at this point that has come before this committee will be addressed," he said.

He added that that Konopnicki's bills will get a hearing.

Pearce is said to be also working on a bill that would bundle several changes to the law. That legislation has not yet surfaced.

A business-backed group is pushing its own ballot measure that contains penalties similar to those in the current law but that extends to the cash-labor market as well as outlining fines for people who present fraudulent documents.

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