Thread: Backers of employer sanction initiative will continue

Backers of employer sanction initiative will continue to gather signatures
By Howard Fischer
Capitol media services
Tucson, Arizona | Published: 07.09.2007
advertisementPHOENIX -- Backers of an initiative to punish companies that knowingly hire undocumented workers intend to keep gathering signatures despite the governor's signature on a new employer sanctions law.
Don Goldwater, who chairs the Legal Arizona Workers initiative drive, said Monday many of those involved in the campaign simply don't believe the measure signed into law last week ever will take effect.
Goldwater pointed out that Gov. Janet Napolitano already has said she wants some changes in the law. In fact the governor is pushing for a special session before the end of the year.
Napolitano said she wants a few changes. For example, the governor wants to exempt hospitals, nursing homes, power plants and other essential services from the risk of being shut down, even temporarily, even if it turns out that the operators did knowingly hire someone not in this country legally.
But Goldwater said initiative backers fear something more sinister.
"They're very concerned that the start of the next legislative session, if not sooner, that the Legislature will convene to basically gut this program," he said.
"People aren't ready to let this thing go," Goldwater continued. "They don't have a lot of trust in the Legislature or the governor's office to uphold the bill."
The sentiment to keep gathering signatures is shared by Rep. Russell Pearce, the Mesa Republican who crafted the measure signed by Napolitano.
But he said the problem is not limited to legislators who may have second thoughts in the face of business interest lobbying. He also noted that both the Arizona Chamber of Commerce and Industry as well as some legislative Democrats already have vowed to try to have the new law overturned even before it takes effect.
"You can't trust those folks," he said.
"Or maybe you can trust them," Pearce continued. "You can trust them to be very dishonest and spend a lot of money trying to destroy the best tool we have in terms of dealing with the illegal labor workforce and the illegal businesses."
The initiative actually is stricter than the new law: It would require a judge to permanently revoke any state licenses a business has to operate in Arizona after just one conviction of knowingly hiring an undocumented worker.
By contrast, the legislation says a judge may -- but is not required to -- suspend a business license for a first offense of knowingly employing someone not authorized to be in this country. Only on a second offense within three years would a license be revoked.
Pearce said this optional punishment means there is no need for the kind of exemption that Napolitano wants.
Only if a company is convicted of an intentional violation would a judge be required to suspend a license for at least 10 days.
And Pearce said any company that checks job applicants through a federal database has a built-in defense against getting convicted.
"Nobody who tries to follow the law is at risk," he said. He said the law will hurt "only those that are trying to 'game' the system, figuring out how to get around and still hire illegal aliens."
But Pearce's fears go beyond what his colleagues might do. He pointed out that attorneys for both Democratic legislators as well as the state Chamber of Commerce and Industry already are threatening to ask a federal judge to block implementation of the law.
"I'm willing to let the bill work" he said. "They ought to be willing to let the bill work, too, before we start messing with it."
Backers need 153,365 valid signatures on petitions by next July 3 to put the measure on the 2008 ballot.
http://www.azstarnet.com/sn/hourlyupdate/191037

We need to help Mr. Goldwater out, anyone here have any ideas?

AN ALTERNATIVE TO REVOKING THE BUSINESS LICENSE OF AN ESSENTIAL FACILITY WOULD BE TO HAVE THE CITY OR STATE SEIZE IT AND HIRE WORKERS TO REPLACE THE ONES THAT WERE ILLEGAL. THE BUSINESS LICENSE REVOKATION SHOULD HAPPEN ON THE FIRST OFFENSE.

ALL OTHER BUSINESSES WHERE THE LICENSE IS REVOKED SHOULD BE LIQUIDATED AND THE PROCEEDS GO TO COVER THE COST OF ENFORCEMENT....ALSO SOME SHOULD GO TO ANY LEGAL EMPLOYEES OF THAT BUSINESS WHO LOSE THEIR JOB AS A RESULT OF THE CLOSURE.

IN FACT A LARGE AMOUNT SHOULD GO TO THEM.....BECAUSE IT WOULD ENCOURAGE LEGAL EMPLOYEES TO RAT OUT THEIR BOSS IF THERE WAS A PAYOFF FOR THEM IN THE END. THINGS WOULD GET CLEANED UP REAL FAST....BELIEVE ME.