AZ. GOV. SIGNS INTO LAW – TOUGHEST PENALTIES FOR HIRING UNDOCUMENTED WORKERS IN U.S.

Phoenix, Arizona. 7.02.2007 – “TODAY I SIGNED HOUSE BILL 2779, THE LEGAL ARIZONA WORKERS ACT.

Az. Gov. Napolitano states in a letter to House of Representative Speaker Nancy Pelosi and Senate majority Leader Harry Reid “Last week, the Senate once again failed to take action on comprehensive immigration reform. One of the practical effects of this failure is that Arizona, and the states across the nation, must now continue to address this escalating problem on their own".
"For years now, Arizona has been faced to act independently to stem the flow of illegal immigration. The latest example is House Bill 2779, the Legal Arizona Act, which I signed into law today.”

http://azgovernor.gov/dms/upload/NR_070207_Pelosi%20Reid%20Letter.pdf

Arizona has taken the most aggressive action in the country against employers who knowingly or intentionally hire undocumented workers…

The new law becomes EFFECTIVE JANUARY 1ST 2008 and will carry penalty for violators:

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Penalties
1st offense: Businesses caught "knowingly" employing an undocumented worker would lose their license for up to 10 days. Those caught "intentionally" hiring an undocumented worker would lose their license for at least 10 days.

The court would order that the employment of all undocumented workers at the business be terminated, and require the employer to sign an affidavit stating that the workers were fired and they will not hire such workers in the future. Employers would be placed on probation for three years (five, for "intentional" violations)

2nd offense (while on probation): Permanent revocation of the business license.
Violation (10 days) and permanent revocation of a business license on a second. Ultimately shut down the business completely.

Source azcentral.com - Matthew Benson
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In News release letter by the Governor office:

Gov. Napolitano states and admits it does have “many” a flaws that MUST BE ADDRESSED AND IS WILLING TO CALL A SPECIAL SESSION OF STATE LEGISLATURE TO REPAIR DEFECTS IN THE BILL.
In a written statement accompanying House Bill 2779, the Governor said she took the tandem action because Congress has failed miserably. She wrote, “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.”

House Bill 2779 takes the most aggressive action in the country against employers who knowingly
or intentionally hire undocumented workers. The new law requires employers to verify that the
people they employ are present in the country legally; knowing or intentional failure to do so will
cause the employer’s business licenses to be suspended. A second offense can result in the
“business death penalty” – permanent revocation of an employer’s licenses to do business in
Arizona.

Yet, the bill also contains flaws that must be addressed:

• The bill should protect critical infrastructure. Hospitals, nursing homes and power
plants could be shut down for days because of a single wrongful employment decision.
• The revocation provision is overbroad, and could cause a business with multiple
locations to face shutdown of its entire operation based on an infraction that occurred at
only one location.
• The bill is underfunded. Even though the Attorney General’s office must establish an
entirely new database and must investigate complaints statewide, only $100,000 is
appropriated for that purpose. Only $70,000 is appropriated to notify employers of the
change in the law.
• There is no expressed provision protecting Arizona citizens or legal residents from
discrimination under the terms of this bill.
• There is even a typo that has to be fixed. The bill cites the wrong portion of a federal
law.

The Governor wrote, “We must not harm legitimate Arizona employers and employees as we seek to curb illegal employment practices.”

The complete letter is via link:
http://www.azgovernor.gov/dms/upload/NR_070207_Employer%20Sanctions%20Release.pdf

HOUSE OF REPRESENTATIVES – HB 2779 fair and legal employment act
“As Transmitted to the Governor”
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/48leg/1r/summary/h.hb2779_06-20-07_astransmittedtogovernor.doc.htm

“FINAL AMENDED FACT SHEET FOR H.B. 2779” by ARIZONA STATE SENATE:
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/48leg/1r/summary/s.2779approp_aspassedbyleg.doc.htm