Signed by Governor Janet Napolitano

Vote Smart's Synopsis:

Vote to adopt a conference report that imposes penalties on employers who knowingly or intentionally employ undocumented immigrants.

Highlights:

-Amends the definition of “aggravated taking of identity” so that if a person possesses or uses identifying information of three people for illegal purposes, rather than five, then he or she is guilty of a class 3 felony (Sec. 1). -Establishes that taking another person’s identity in order to be employed is a class 3 felony (Sec. 1). -Prohibits an employer from knowingly or intentionally employing an undocumented immigrant (Sec. 2). -Requires that a business that has been convicted of a first offense of knowingly employing an undocumented immigrant to (Sec. 2):

- Terminate the employment of all undocumented immigrants. -Submit to a three year probationary period during which the employer must submit quarterly reports to the state on all new hires. -File an affidavit that states that the employer has terminated the employment of all undocumented immigrants.

- Revokes the employer’s business licenses if the employer fails to meet these provisions, until the affidavit is filed and provides that the licenses may be revoked for up to ten additional days, depending on the severity of the violation (Sec. 2). -Provides that for a first violation on the prohibition against intentionally employing an undocumented immigrant the employer must meet the above requirements (with the probationary period increased to five years) and requires that the employer’s business license(s) be suspended for a minimum of ten days (Sec. 2). -Revokes the employer’s business license(s) permanently for a second violation during the probationary period of the prohibition on knowingly or intentionally hiring an undocumented immigrant (Sec. 2). -Establishes an “employer sanctions legislative study committee” that consists of three senate members, three house members, and two business owners to examine the implementation of the provisions of the bill and submit a report by December 31, 2008 (Sec. 4). -Appropriates $2.6 million for the purpose of the provisions of the bill (Sec. 7&8).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report that imposes penalties on employers who knowingly or intentionally employ undocumented immigrants.

Highlights:

-Amends the definition of “aggravated taking of identity” so that if a person possesses or uses identifying information of three people for illegal purposes, rather than five, then he or she is guilty of a class 3 felony (Sec. 1). -Establishes that taking another person’s identity in order to be employed is a class 3 felony (Sec. 1). -Prohibits an employer from knowingly or intentionally employing an undocumented immigrant (Sec. 2). -Requires that a business that has been convicted of a first offense of knowingly employing an undocumented immigrant to (Sec. 2):

- Terminate the employment of all undocumented immigrants. -Submit to a three year probationary period during which the employer must submit quarterly reports to the state on all new hires. -File an affidavit that states that the employer has terminated the employment of all undocumented immigrants.

- Revokes the employer’s business licenses if the employer fails to meet these provisions, until the affidavit is filed and provides that the licenses may be revoked for up to ten additional days, depending on the severity of the violation (Sec. 2). -Provides that for a first violation on the prohibition against intentionally employing an undocumented immigrant the employer must meet the above requirements (with the probationary period increased to five years) and requires that the employer’s business license(s) be suspended for a minimum of ten days (Sec. 2). -Revokes the employer’s business license(s) permanently for a second violation during the probationary period of the prohibition on knowingly or intentionally hiring an undocumented immigrant (Sec. 2). -Establishes an “employer sanctions legislative study committee” that consists of three senate members, three house members, and two business owners to examine the implementation of the provisions of the bill and submit a report by December 31, 2008 (Sec. 4). -Appropriates $2.6 million for the purpose of the provisions of the bill (Sec. 7&8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that imposes criminal penalties on employers who knowingly employ undocumented immigrants.

Highlights:

-Amends “aggravated taking of identity” so that if a person possesses or uses identifying information of three, rather than five, people for illegal purposes, then he or she is guilty of a class 3 felony (Sec. 1). -Declares that taking another person’s identity in order to be employed is a class 3 felony (Sec. 1). -Requires that an employer not knowingly employ an undocumented immigrant (Sec. 2). -Provides that for a first violation the employer must terminate the employment of all undocumented immigrants and requires that the employer’s business license(s) are suspended, if the employer does not file within three days an affidavit stating that all undocumented immigrants have been released from employment (Sec. 2). -Provides that for a second violation the employer’s business license(s) at the location where the undocumented immigrant was employed shall be permanently revoked or at the employer’s primary place of business if no license was required at the location of the offense (Sec. 2). -Appropriates $2.6 million for the purpose of “enforcing any immigration related matters” that arise as a result of this bill (Sec. 6&7).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that imposes criminal penalties on employers who knowingly employ undocumented immigrants.

Highlights:

-Declares that taking another person’s identity in order to be employed is a class 3 felony (Sec. 1). -Requires that employers file a signed affidavit declaring that they do not knowingly employ an undocumented immigrant (Sec. 2). -Provides that it is a felony to file a false affidavit or, after filing the affidavit, to hire an undocumented immigrant (Sec. 2). -Provides that a first violation within a five year period is a class 6 felony and is subject to a $2,500 to $50,000 fine and possible suspension of business license (Sec. 2). -Provides that a second violation within a five year period is a class 6 felony and is subject to a $5,000 to $100,000 fine and possible suspension of business license (Sec. 2). -Provides that a third violation within a five year period is a class 5 felony and is subject to a $10,000 to $150,000 fine and possible suspension of business license (Sec. 2). -Requires that compensation paid to persons known to be undocumented immigrants be added to gross income if the employer has deducted the compensation as a business expense (Sec. 4). -Appropriates $3.2 million for the purpose of “enforcing any immigration related matters” that arise as a result of this bill (Sec. 9-11).

Full Bill Text