Sierra Tucson Eating Disorders Program Coordinator Trades/Construction RANCHO RESORT MAINTANANCE POSITION Health Care Dependable Health Services Physical Therapists Finance and Accounting Charles E. Gillman Company Accounting Specialist Mechanical Komatsu Equipment Co Resident Field Mechanic Administrative & Professional Tucson Urban League CEO/President Construction West-Press Printing Tucson RegionGovernor OKs tough employer sanctionsNew law prohibits knowingly hiring illegal immigrants
arizona daily star
Tucson, Arizona | Published: 07.03.2007
PHOENIX — Gov. Janet Napolitano signed a bill Monday that will create some of the toughest sanctions in the country for companies that hire illegal immigrants, breaking from some of her political allies who have opposed the measure.
But her approval was coupled with a list of concerns that immediately sparked dialogue about the Legislature reconvening to address what Napolitano called "flaws" in the bill.
In a statement Napolitano said, "Immigration is a federal responsibility, but I signed HB 2779 because it is now abundantly clear that Congress finds itself incapable of coping with the comprehensive immigration reforms our country needs.
"I signed it, too, out of the realization that the flow of illegal immigration into our state is due to the constant demand of some employers for cheap, undocumented labor," she wrote.
But the governor — responding to concerns from the business and Hispanic communities — also said she is "willing" to call for a special session to address her problems with the bill. The law, she says, should protect "critical infrastructure," including hospitals, nursing homes and power plants.
She also wants more funding for the bill and says there needs to be more language to guard against racial profiling. Another concern: Businesses with multiple locations — such as grocery chains — should face sanctions only at the location where the violation occurred, a provision the bill's sponsor says is already clear.
Under the sanctions bill, set to take effect in January, a business caught "knowingly" employing illegal immigrants after running their names through the federal Basic Pilot Program could lose its license for up to 10 days. An "intentional hire" could result in more lost time.
Employers would be placed on a three-year probation and forced to fire all illegal employees and sign an affidavit promising not to do it again. If caught with a second offense while on probation, a business would permanently lose its license.
Last year, Napolitano vetoed a sanctions bill, declaring it "amnesty for employers." She said that bill was not tough enough and lacked funding for law enforcement agencies. This year, Napolitano's announcement came days after a comprehensive immigration compromise died in the U.S. Senate.
This year's bill, sponsored by Rep. Russell Pearce, R-Mesa, won bipartisan support in both houses of the Legislature. The bill provides $100,000 to the Arizona Attorney General's Office from the general fund. The Pima County Attorney's Office would receive $500,000 to enforce the law.
Pearce said he would fight any efforts to "water down" the bill but would be open to talking about a special session. Senate President Tim Bee said he has already talked to the governor about the prospect.
"I'm grateful she has joined us. It has taken a long time," Pearce said of the governor's signing the bill.
Gubernatorial press aide Jeanine L'Ecuyer said Napolitano doesn't want to water the bill down, though she "obviously has some concerns."
But some of the governor's allies in the business community aren't pleased, fearing the measure goes too far and won't provide an objective way of verifying employment.
Kathleen Skinner, manager of government affairs for the Tucson Metropolitan Chamber of Commerce, said the new law will put Arizona at a "regional disadvantage" when competing with other states for businesses.
"Our biggest concern is that this is a federal issue, and dealing with it in a piecemeal approach doesn't solve the problem," she said.
Some Democratic lawmakers who voted against it are also upset about the prospect of the bill becoming law and see the call for a special session as an opportunity to change the bill in response to concerns from leaders in the Hispanic community.
Other immigration matters
The governor also signed two other immigration-related bills Monday, clarifying laws passed by voters.
HB 2467 requires individuals to show documentation of citizenship to receive state services, as required by Proposition 200, and SB 1265 clarifies what level of proof courts need to decide if someone accused of being an illegal immigrant should be denied bail.
inside
• Bills that Napolitano signed and vetoed Monday. Page A4
• How Southern Arizona lawmakers voted on sanctions bill. Page A4
• Governor vetoes restrictions on railroads. Page B5
● Contact reporter Daniel Scarpinato at 307-4339 or dscarpinato@azstarnet.com.
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