Thread: State Senate votes to punish companies that knowingly hire

Published: 05.23.2007

State Senate votes to punish companies that knowingly hire undocumented workers
By Howard Fischer
CAPITOL MEDIA SERVICES
PHOENIX -- Unwilling to wait for federal action that may never come, the state Senate voted 23-4 Wednesday to punish companies that knowingly hire undocumented workers.

The vote came after the House-passed legislation was altered to be similar to -- but not exactly identical -- to a petition drive to put the issue before voters next year.

Backers of this measure said they believe a legislative-passed version is preferable, as the constitution severely limits the ability of lawmakers to alter anything approved at the ballot, even if it is flawed.

But a key backer of the initiative told Capitol Media Services the Senate version of HB 2779 doesn't go far enough. Rep. Russell Pearce, R-Mesa, said unless changes are made in a conference committee he will proceed with plans to get voters to enact a more comprehensive -- and punitive -- measure.

Pearce said he already has 20,000 signatures toward the more than 150,000 he needs by July 2008.

The legislation would suspend the business licenses of any company that knowingly hires people not in this country legally.

There is, however, an escape clause: A company would face no punishment if it fired the illegal worker within three days after receiving notice. Only after a second violation would a firm permanently lose its licenses to do business in Arizona.

Pearce said there has to be at least some penalty for first-time offenders, as no one can be found guilty unless there is proof the employer knew the worker was undocumented. He said that amounts to "amnesty" for employers who obtained an illegal advantage over competitors.

Both the legislation and the initiative require companies to verify the legal status of new workers using the Basic Pilot Program. That federal program enables employers to electronically submit the name and social security number of prospective workers to determine if the information is accurate.

It also spells out that any company which runs the names through that system is entitled to a legal presumption that it "did not knowingly employ an unauthorized alien."

Sen. Jay Tibshraeny, R-Chandler, said he remains concerned the mandate to use the federal database will be a burden on small companies. But he said lawmakers have to do something.

"Clearly with federal inaction on illegal immigration, this state has been left with no alternative but to take strong action," he said. "Our federal government has deserted us on this issue."

Most business groups oppose any state penalties for hiring undocumented workers.

"I understand their concern," said Sen. Karen Johnson, R-Mesa. But she said if the federal government enforced current immigration laws, state action might not be necessary.

"We have the obligation to pass legislation of this nature to address the concerns of our constituents who have lost patience with the federal government and are turning to us for answers," she said.

Sen. Jorge Garcia, D-Tucson, who voted against the legislation, complained that any individual convicted of using a false identification to get work could be sent to state prison for seven years. He said there is no similar criminal penalty against employers.

But Sen. Barbara Leff, R-Paradise Valley, said that is an appropriate penalty.

"We need to remember how serious it is for somebody to be stealing someone's identity, whether it's for employment or any other purpose," she said. "What about the person who's identity has been stolen?"

And Sen. Bob Burns, R-Peoria, said federal law limits does not allow states to impose criminal sanctions on employers who hire undocumented workers.

Rep. Debbie McCune Davis, D-Phoenix, objected to mandating that the state Attorney General's Office investigate all complaints but giving the agency only an additional $100,000. She said that's just enough to hire a single investigator.

http://www.azstarnet.com/sn/hourlyupdate/184434.php

The Governor will veto it, just like she does all of the pro-enforcement laws that the legislature passes.

State Senate votes to punish companies that knowingly hire undocumented workers

Oh know! wouldn't that be called enforceing the laws that are already on the books