Gov. Janet Napolitano has signed legislation that makes changes to the employer sanctions law approved last year, including specifying that businesses can only be prosecuted for undocumented employees hired in 2008 and beyond.
The bill was sent to Napolitano after the Senate approved it by a vote of 22-4 April 28. Napolitano signed it May 1.
This year’s bill, H2745, was considered by many to be a clarification of last year’s law, though it does expand the definition of identity theft as it applies to the hiring of workers and creates laws aimed at eliminating the day-labor employee market.
The legislation contains some changes sought by business groups, many of which had argued the original law put a heavy burden on employers. One major alteration was made to stipulate that businesses could not be punished for knowingly hiring illegal immigrants prior to 2008, even if the undocumented employee was still on the payroll after that.
Late last year, Rep. Russell Pearce, R-Mesa, the architect of the sanctions law, conceded he “misled” other lawmakers and business groups when he told them the law’s provisions would only apply to employees hired after Jan. 1, 2008, in order to curry support for the bill.
After Pearce began making public statements saying the law would apply to all employees, some lawmakers and business owners accused him of lying in order to assure the bill’s passage.
Last month, Pearce told Arizona Capitol Times the language to clarify that the sanctions law only applied to employees hired after Jan. 1 of this year was included after business groups agreed to a provision that requires businesses use the federal E-Verify online employee verification database in order to qualify for government contracts.
The new law calls for the following:
• Prohibit prosecutors from investigating workplace complaints based solely on employee race, color or national origin.
• Continue to allow anonymous complaints.
• Stipulate that, for chains and other businesses with multiple locations, a violation at one site wouldn’t penalize each workplace.