alec in arizona: the voice of corporate special interests in the halls of arizona's legislature

8/3/2019 ALEC in Arizona: The Voice of Corporate Special Interests in the Halls of Arizona's Legislature

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ALEC IN ARIZONA:

THE VOICE OF CORPORATE SPECIAL INTERESTSIN THE HALLS OF ARIZONAS LEGISLATURE


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Table of Contents

KEY FINDINGS .................................................................................................... 3

WHAT IS ALEC? .................................................................................................. 4

ALEC LEGISLATORS IN ARIZONA: TASK FORCE MEMBERS IN 2011 ................... 5

AT HOME IN ARIZONA: ALEC CORPORATE MEMBERS ........................................ 7

ALEC-INSPIRED LEGISLATION IN ARIZONA ....................................................... 10

Anti-Immigration ............................................................................................ 10

No Sanctuary For Undocumented Workers .......................................................... 10

Immigration Law on Trespassing .......................................................................... 31

14th Amendment and Citizenship Status for Undocumented Workers .................. 33

E-Verify Program .................................................................................................. 35

Government Publications in English Only ............................................................ 48

Privatization of Prisons .................................................................................. 49

Prison Statutes .................................................................................................... 49

Private Correctional Facilities Act ......................................................................... 55

Privatizing Prison Facilities .................................................................................. 56

Voter Suppression .......................................................................................... 58

Voter ID Act ......................................................................................................... 58

Early Voting ID Act .............................................................................................. 67

Resolution Opposing Taxpayer Financed Political Campaigns .............................. 69

Anti-Worker Rights ......................................................................................... 70Council on Efficient Government Act.................................................................... 71

Prohibition on Employee Compensation Deductions ............................................ 85

Privatization of Public Education ................................................................... 87

The Parental Educational Choice for Grants......................................................... 87

The Special Needs Scholarship Program ............................................................... 88

Virtual Public Schools Act .................................................................................... 90

Healthcare Reform ......................................................................................... 92

Health Care Choice Act for States ........................................................................ 92

Health Care Sharing Ministries Freedom to Share Act .......................................... 94

Anti-Environmental Protection and Energy .................................................... 97

State Sovereignty On Environmental Regulations................................................. 97


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KEY FINDINGS

ALEC, the American Legislative Exchange Council, serves as a voice for corporatespecial interests in state legislatures across the country. Its corporate executives,

lawyers and lobbyists, along with member legislators, draft, lobby for, and securepassage of a wide array of bills designed to promote corporate interests.Arizona has one of the highest concentrations of ALEC legislators of any state in theUnited Statesat least 50 of the 90 legislators now serving are ALEC members. Two-thirds of the Republican leadership in the Arizona House and Senate are on ALECtask forces that write model legislation for state legislators around the nation.The last three Arizona Senate Presidents have all served in ALEC leadershiproles: Senator Robert L. Burns (International/Federal Relations task force), SenatorRussell Pearce (Public Safety and Elections task force) and Senator Steve Pierce(Energy Environment and Agriculture task force).

Major corporations including Coca-Cola, Kraft, ExxonMobil and GlaxoSmithKline are

key players in Arizona politics, and members ofALECs Private Enterprise Board.Over the past 10 years, the 22 companies represented on the Private Enterprise Boardhave spent $16 million in Arizona state political campaigns.

Close analysis of AZ legislation on a range of subjects shows remarkably similar ifnot identicalprovisions to ALEC "model" bills, including:

Draconian anti-immigrant measures that criminalize undocumented workersand penalize their employers, strip native-born Americans of their citizenshiprights and require that all publications and materials disseminated by stateagencies be written in English only

Measures encouraging the privatization of state prisons to the benefit of theprivate prison industry

Voter suppression bills that potentially disenfranchise tens of thousands ofArizonans

Attacks on workers, their unions, and collective bargaining and the eliminationof public employment through outsourcing and privatizing of governmentfunctions

Attacks on public education through private school voucher programs Measures to prevent implementation of healthcare reform, and Attacks on federal environmental regulation by attempting to deny the federal

government the ability to supersede weak state environmental legislation.


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WHAT IS ALEC?

ALEC, the American Legislative Exchange Council, is a one-stop shop for corporationslooking to identify and cultivate friendly state legislators and then work with them to

get special-interest legislation introduced and passed. Founded in 1973 by PaulWeyrich, who helped build a nationwide conservative political infrastructure followingthe reelection of Richard Nixon, ALEC serves as a key voice for corporate specialinterests in state capitols across the country.

When legislators in multiple states introduce similar or identical bills to boostcorporate power and profits, undermine workers rights, limit corporate accountabilityfor pollution or harm to consumers, privatize public education or restrict votingrights, for example, the odds are good that the legislation they are pushing was writtenby corporate lobbyists working through ALEC. According to ALECs own legislativescorecard, 826 pieces of ALEC legislation were introduced in state legislatures aroundthe country and 115 were enacted in 2009 alone.

ALECs major funders include Exxon Mobil, the Scaife family, the Coors family,Charles Koch, the Bradley family, and the Olin family. . Members of ALECs boardrepresent major corporations such as Altria, AT&T, GlaxoSmithKline, Johnson &Johnson, Koch Industries, Kraft, PhRMA, Wal-Mart, Peabody Energy and State Farm.According to the American Association for Justice, over 80 percent of ALECs financescome from corporate contributions.

ALEC serves as a forum for corporations to advise, lobby and sway legislators. Bypaying hefty dues and sponsorship fees, corporations are able to participate in ALECconferences and seminars, where their lawyers, executives and lobbyists workalongside the elected officials they are attempting to influence. ALEC task forces

comprised of representatives from corporations as well as elected legislators, draft andpromote the organizations model legislation. Each task force is chaired by bothelected officials and private sector members.

This report details ALECs footprint in Arizona. It identifies the 50 state legislators who are current ALEC members, a total that gives Arizona one of the highestconcentrations of ALEC legislators in any state. It shines a spotlight on the Arizona-based corporations that support and participate in ALEC. The final section of thereport analyzes the ALEC connection to specific legislation introduced and oftenpassed by the Arizona legislature on a range of subjects. The detailed side-by-sideanalysis reveals that many Arizona laws are drawn word-for-word from ALEC drafts.The subject areas reviewed for this report include: (1) anti-immigrant measures, (2) theprivatization of prisons, (3) voter suppression, (4) attacks on workers rights, (5) theprivatization of public education, (6) attacks on healthcare reform and (7) attacks onenvironmental regulation.


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ALEC LEGISLATORS IN ARIZONA:TASKFORCE MEMBERS IN 2011

Arizona has one of the highest concentrations of ALEC legislators of any state in the

United States. Among the 90 members of the Arizona Legislature- 60 in the House and30 in the Senate- 50 have been documented as members of ALEC. The actual totallikely is higher, as no official list of ALEC members is available. Two thirds of thelegislatures Republican leadership serves on ALEC task forces, and the previous threeArizona Senate Presidents have all served: Sen. Robert L. Burns (International/FederalRelations task force), Sen. Russell Pearce (Public Safety and Elections task force) andSen. Steve Pierce (Energy Environment and Agriculture).All but one of the ALEC members we have identified are Republicans. Among ArizonaRepublican senators, 16 of 21 are in ALEC, as are 33 of 40 Republicans from theHouse. Rep. Debbie Lesko is the ALEC Arizona Public Sector Chair, a role whichaccording to ALECs bylaws, requires her "working to introduce model legislation. In2011, Senator Nancy Barto was made ALEC legislator of the year (Seewww.alec.org).

This section of the report lists current legislators whose ALEC membership has beenverified. The side-by-side comparisons of ALEC model bills and actual legislationfound later in the report list the legislative offices held by the bills sponsors and co-sponsors at the time the bills were considered in the legislature.

Civil JusticeSenator Andy Biggs (Majority Leader) (R) District 22Senator Adam Driggs (R) District 11Senator Don Shooter (R) District 24Representative Eddie Farnsworth (R) District 22Representative David Burnell Smith (R) District 7Representative J. Ted Vogt (R) District 30

Commerce, Insurance and Economic DevelopmentSenator Gail Griffin (R) District 25Senator John P. McComish (R) District 20Senator Albert Anthony Melvin (R) District 26Representative Rick Gray (R) District 9Representative Thomas Forese (R) District 21Representative Andy Tobin (Speaker of the House) (R) District 1

EducationSenator Rich Crandall (R) District 25Representative Steve Court (Majority Leader) (R) District 18Representative Chester Crandell (R) District 5Representative John Fillmore (R) District 23Representative Doris Goodale (R) District 3Representative Amanda A. Reeve (R) District 6

Energy, Environment and AgricultureSenator Sylvia Allen (President Pro Tempore) (R) District 5Senator Steve Pierce (Senate President) (R) District 1
http://www.alec.org/http://www.alec.org/http://www.alec.org/http://www.alec.org/


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Health and Human ServicesSenator Nancy Barto (R) District 7Representative Cecil Ash (R) District 18Representative Brenda Barton (R) District 5Representative Peggy Judd (R) District 25

Representative Kimberly Yee (R) District 10

International/Federal RelationsRepresentative Jack W. Harper (R) District 4Representative Debbie Lesko (Majority Whip) (R) District 9

Public Safety and ElectionsSenator Steve M. Smith (R) District 23Representative Richard Miranda (D) District 13Representative David M. Gowan (R) District 30Representative John Kavanagh (R) District 8Representative Steve R. Urie (R) District 22

Tax and Fiscal PolicySenator Lori Klein (R) District 6Senator Rick Murphy (R) District 9Senator Steven B. Yarbrough (R) District 21Representative Justin D. Olson (R) District 19

Telecommunications and Information TechnologySenator Scott Bundgaard (R) District 4Representative Jeff Dial (R) District 20Representative Terri Proud (R) District 26

Representative Bob Robson (R) District 20Representative David W. Stevens (R) District 25

Other ALEC members from ArizonaSenator Michele Reagan (R) District 8Representative Judy M. Burges (R) District 4Representative Karen Fann (R) District 1Representative Russell L. Jones (R) District 24Representative Kate Brophy McGee (R) District 11Representative Nancy McLain (R) District 3Representative Javan "J.D." Mesnard (R) District 21Representative Frank Pratt (R) District 23

Representative James P. Weiers (R) District 12

Task force membership above correct as of 2011. Other ALEC members correct as of2010.


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AT HOME IN ARIZONA: ALEC CORPORATEMEMBERS

For decades, corporations have been using ALEC as a vehicle to get their bills

introduced in Arizona. These corporations include major US brands like Coca-Cola,Kraft and ExxonMobil, and foreign based corporations including GlaxoSmithKline andReed Elsevier, who are all currently represented on ALECs Private Enterprise Board.Below are the major corporations based in Arizona that are affiliated with ALEC:

American Traffic SolutionsJames Tuton, President & CEOMember of the ALEC Public Safety & Elections task force.Employees: 500-1000

Founded in 1987, ATS manufactures red light cameras, which are used in 26 statesand the District. ATS supplies 40% of the automated traffic safety enforcementequipment in use throughout the US.

ATS donates to a number of advocacy groups, including The National Coalition forSafer Roads and Keep Houston Safe.

Association of American Physicians & SurgeonsAlieta Eck, MD, PresidentMember of the ALEC Health and Human Services task force.Members: Approximately 3,000

The AAPS is an advocacy group of physicians who support the implementation ofconservative medical policies. They have a wide ranging agenda, including oppositionto federal healthcare reforms, abortion rights, over-the-counter contraceptives, LGBTrights, the FDA, Medicare and Medicaid. Stephanie Mencimer ofMother JonesMagazine wrote of them in 2009: "despite the lab coats and the official-sounding


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name, the docs of the AAPS are hardly part of mainstream medical society. ThinkGlenn Beck with an MD."

The AAPS publishes the Journal of American Physicians and Surgeons, but it is notlisted as a scientific source. Through this they promote ideological, unscientific, andoften totally discredited positions, including claims that humans are not responsiblefor global warming, a link between the gay male lifestyle and a shorter lifespan, anda study claiming to link abortions with breast cancer. Through ALEC they are helpingto write state legislation on Healthcare.

Goldwater InstituteThomas C. Patterson, Chairman

Member of the ALEC Tax and Fiscal Policy task force and the Energy, Environmentand Agriculture task force.Employees: Approximately 50 in Arizona

This Koch-funded think-tank was established in 1988 and advocates for reducing therole of the federal and state government, lowering taxes and eliminating corporateregulations. They consistently oppose electoral reform and union protections andpromote policies aimed at privatizing our schools.

Goldwater regularly engages in litigation, including NLRB v. Stateof Arizona(challenging labor unions' use of a secret ballot), Miller v. Arizona Corporation

Commission(challenging the Commission's right to enact environmental policy) andArizona Advocacy Network Foundationv. Bennett(attempts to have Arizona's CleanElections law ruled unconstitutional).

Pinnacle West Capital CorporationDonald E. Brandt, Chairman & CEOCo-chair of the ALEC Energy, Environment and Agriculture task force.Employees: 7,600


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Pinnacle West Capital Corporation is the holding company which owns Arizona PublicServices Company, the largest utility company in Arizona; it provides electricity to thenorthern and central parts of the state, including Phoenix. Roughly 40% of theirenergy comes from three nuclear reactors, a third from natural gas and a quarter fromcoal.

Salt River ProjectDavid Rousseau, PresidentMember ofALECs Private Enterprise Board and the ALEC Energy, Environment andAgriculture task force.SRP is the ALEC Arizona Private Sector Chair.

Employees: Approximately 4,400

SRP is two entities. The Salt River Project Agricultural Improvement and PowerDistrict, a political subdivision of the state of Arizona, provides electricity to Phoenix.The Salt River Valley Water Users' Association, a private corporation, provides waterthroughout central Arizona.

TASER InternationalPatrick W. Smith, Co-founder & CEOThomas P. Smith, Co-founder & PresidentMember of the ALEC Public Safety & Elections task force.Employees: 320

Founded in 1993, TASER International is the manufacturer of (usually) non-lethalpersonal defense weapons. Tasers are provided to military and law enforcementofficials around the world, as well as hundreds of thousands of private citizens.

TASER also manufactures several other products, including a cell phonemonitoring/blocking service marketed to parents of teenagers, a cloud storage facilityfor storing evidence to be used at trial and an electroshock shotgun round for use bylaw enforcement only.


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ALEC-INSPIRED LEGISLATION IN ARIZONA

An examination of legislation considered by the Arizona legislature over the pastseveral years shows ALECs imprint. Among the bills sponsored by ALEC-connected

legislators that contain remarkably similarif not identicalprovisions to ALECmodel bills are:

Draconian anti-immigrant measures that criminalize undocumented workersand penalize their employers, strip native-born Americans of their citizenshiprights and require that all publications and materials disseminated by stateagencies be written in English only

Measures encouraging the privatization of state prisons to the benefit of theprivate prison industry

Voter suppression bills that potentially disenfranchise tens of thousands ofArizonans

Attacks on workers by undermining unions and collective bargaining rights andeliminating public employment through outsourcing and privatizing ofgovernment functions

Attacks on public education through private school voucher programs Measures to prevent implementation of healthcare reform, and Attacks on federal environmental regulation through attempts to deny the

federal government the ability to supersede weak state environmentallegislation.

Anti-Immigration

Undocumented workersand everyday citizensare under attack in Arizona.Legitimate concerns about border safety and gang violence have been sensationalizedand overblown, creating a climate of fear that has stoked the population intosupporting severe and unnecessary measures. Even fundamental rights ofpersonhood are under attack. Some corporations, motivated by profit, and politiciansindebted to these corporations and/or motivated to please certain parts of theirconstituencies sit down and work together at ALEC conferences with dangerousresults.

No Sanctuary For Undocumented Workers

Arizona Legislation:SB 1070- Support Our Law Enforcement and SafeNeighborhoods Act

Sponsors (in bold) andco-sponsors:

5 ALEC Senators, 14 ALEC Representatives

Sen. Russell Pearce (R-18)Rep. John Kavanagh (R-8)

Rep. David Gowan (R-30)
http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=sb1070&Session_Id=93&image.x=13&image.y=10http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=sb1070&Session_Id=93&image.x=13&image.y=10http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=sb1070&Session_Id=93&image.x=13&image.y=10http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=sb1070&Session_Id=93&image.x=13&image.y=10


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Sen. Steve Pierce (R-1, MajorityWhip)Sen. Pamela Gorman (R-6)Sen. Jack W. Harper (R-4)Sen. Sylvia Allen (R-5)Rep. Debbie Lesko (R-9)

Rep. Cecil Ash (R-18)Rep. Andy Biggs (R-22)Rep. Albert Melvin (R-26)

Rep. Judy Burges (R-4)Rep. Steve Court (R-18)Rep. Michele Reagan (R-8)Rep. David Stevens (R-25)Rep. Steven Yarbrough (R-21,Speaker Pro Tempore)

Rep. James Weiers (R-10)Rep. Nancy McLain (R-3)Rep. Rick Murphy (R-9)

Last Action: Signed by Governor Brewer, 4/23/10

Legislative Session: 49th Legislature, Second Regular Session

ALEC Model Legislation:No Sanctuary Cities for Illegal Immigrants Act

Similarities: SB 1070 is a comprehensive bill that criminalizes undocumentedworkers and those who associate with them. If the provisions of the act are notintheir viewduly enforced, private citizens are given the right to sue the noncompliantsector of government, be it a municipality or statewide entity. The acts provisionsinclude: mandating that employers use the E-verify system and keep recordsof theirinvolvement with the program (E-Verify was instituted in 2008); making it illegal tohave an undocumented worker in ones vehicle in some circumstances; andcriminalizing, with detailed sentencing mandates, the state of being undocumented onArizona soil.

Analysis: SB 1070 is arguably the most infamous state law in the country. Itspassage in the spring of 2010 sparked protests and boycotts that made headlines innewspapers across the country.1 Currently, key provisions of the law are on hold

pending final judicial review.

Because of the legislations prominence, news organizations began investigating its origins. Thesearch led to then-Sen. Russell Pearce (R-18), who shared an omnibus anti-immigrant bill thathe had outside help in drafting.2 The legislation had attracted little support until, as SB 1070,it was embraced by an ALEC task force of corporate representatives and state legislators andthen endorsed by ALECs national board. Representatives from the Corrections Corporation ofAmerica (CCA)the largest private prison company in the countrysat on the ALEC "PublicSafety and Elections" Task Force that approved the bill.3 While CCA claims it merely observedthe corporations and politicians approving the bill, theres no question the company benefittedfrom that action and no doubt that ALECs embrace of the legislation helped get it passed.

National Public Radio investigative reporter Laura Sullivan reported on how legislation

typically gets drafted in the ALEC process.4

Asked if the private companies usually get to write model bills for the legislators,[an ALEC insider] said, "Yeah, that's the way it's set up. It's a public-private

partnership. We believe both sides, businesses and lawmakers should be at thesame table, together."
http://alecexposed.org/w/images/2/2d/7K5-No_Sanctuary_Cities_for_Illegal_Immigrants_Act_Exposed.pdfhttp://alecexposed.org/w/images/2/2d/7K5-No_Sanctuary_Cities_for_Illegal_Immigrants_Act_Exposed.pdfhttp://alecexposed.org/w/images/2/2d/7K5-No_Sanctuary_Cities_for_Illegal_Immigrants_Act_Exposed.pdf


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In many ways, SB 1070 is a model for the ALEC process. A quick, side-by-side glanceat the ALEC draft and the bill as passed in Arizona shows just how effectively theprocess works.

ALEC Model Legislation:No Sanctuary forIllegal Immigrants Act

Arizona Legislation:SB 1070- Support OurLaw Enforcement and Safe Neighborhoods

Act

(a) No official or agency of this state orcounty, city, town, or other politicalsubdivision of this state may adopt a policythat limits or restricts the enforcement offederal immigration laws to less than the fullextent permitted by federal law.

Article 8. Enforcement of immigrationlaws11-1051. Cooperation and assistance inenforcement of immigration laws;indemnification

A. No official or agency of this state or acounty, city, town or other politicalsubdivision of this state may adopt a policythat limits or restricts the enforcement offederal immigration laws to less than the fullextent permitted by federal law.

(b) For any legitimate contact made by anofficial or agency of this state or County, city,town or other political subdivision of thisstate where reasonable suspicion exists thatthe person is an alien who is unlawfullypresent in the united states, a reasonableattempt shall be made to determine theimmigration status of the person. Theperson's immigration status shall be verified

with the federal government pursuant to 8unitedStates code section 1373 (c).

B. For any lawful contact made by a lawenforcement official or agency of this state ora county, city, town or other politicalsubdivision of this state where reasonablesuspicion exists that the person is an alienwho is unlawfully present in the unitedstates, a reasonable attempt shall be made,when practicable, to determine theimmigration status of the person. The

person's immigration status shall be verifiedwith the federal government pursuant to 8united states code section 1373(c).

(c) if an alien who is unlawfully present in theunited states is convicted of a violation ofstate or local law, on discharge fromimprisonment orassessment of any fine that is imposed, thealien shall be immediately transferred to thecustody of the United States Immigration andCustoms Enforcement or the United States

Customs and Border Protection.

C. If an alien who is unlawfully present in theUnited States is convicted of a violation ofstate or local law, on discharge fromimprisonment or assessment of any fine thatis imposed, the alien shall be transferredimmediately to the custody of the UnitedStates Immigration and CustomsEnforcement or the United States Customs

and Border Protection.

(d) Notwithstanding any other law, a lawenforcement agency may securely transportan alien who is unlawfully in the unitedstates and who is in the agency's custody to afederal facility in this state or to any otherpoint of transfer into federal custody that is

D. Notwithstanding any other law, a lawenforcement agency may securely transportan alien who is unlawfully present in theUnited States and who is in the agency'scustody to a federal facility in this state or toany other point of transfer into federal
http://alecexposed.org/w/images/2/2d/7K5-No_Sanctuary_Cities_for_Illegal_Immigrants_Act_Exposed.pdfhttp://alecexposed.org/w/images/2/2d/7K5-No_Sanctuary_Cities_for_Illegal_Immigrants_Act_Exposed.pdfhttp://alecexposed.org/w/images/2/2d/7K5-No_Sanctuary_Cities_for_Illegal_Immigrants_Act_Exposed.pdfhttp://alecexposed.org/w/images/2/2d/7K5-No_Sanctuary_Cities_for_Illegal_Immigrants_Act_Exposed.pdfhttp://www.azleg.gov/legtext/49leg/2r/bills/sb1070p.pdfhttp://www.azleg.gov/legtext/49leg/2r/bills/sb1070p.pdfhttp://www.azleg.gov/legtext/49leg/2r/bills/sb1070p.pdfhttp://www.azleg.gov/legtext/49leg/2r/bills/sb1070p.pdfhttp://alecexposed.org/w/images/2/2d/7K5-No_Sanctuary_Cities_for_Illegal_Immigrants_Act_Exposed.pdfhttp://alecexposed.org/w/images/2/2d/7K5-No_Sanctuary_Cities_for_Illegal_Immigrants_Act_Exposed.pdf


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outside the jurisdiction of the lawenforcement agency.

custody that is outside the jurisdiction of thelaw enforcement agency.

(e) except as provided in federal law, officialsor agencies of this state and counties, cities,towns and other political subdivisions of thisstate may not be prohibited or in any way berestricted from sending, receiving ormaintaining information relating to theimmigration status, lawful or unlawful, of anyindividual or exchanging that informationwith any other federal, state or localgovernmental entity for the following officialpurposes:

F. Except as provided in federal law, officialsor agencies of this state and counties, cities,towns and other political subdivisions of thisstate may not be prohibited or in any way berestricted from sending, receiving ormaintaining information relating to theimmigration status of any individual orexchanging that information with any otherfederal, state or local governmental entity forthe following official purposes:

(1) determining eligibility for any federal,state, local or other political subdivision of

this state public benefit, service or license.

(2) verifying any claim of residence ordomicile if determination of residence ordomicile is required under the laws of thisstate or a judicial order issued pursuant to acivil or criminal proceeding in this state.

(3) confirming the identity of any person whois detained.

(4) if the person is an alien, determining

whether the person is in compliance with thefederal registration laws prescribed by title ii,Chapter 7 of the federal immigration andnationality act.

1. Determining eligibility for any publicbenefit, service or license provided by any

federal, state, local or other politicalsubdivision of this State.

2. Verifying any claim of residence or domicileif determination of residence or domicile isrequired under the laws of this state or ajudicial order issued pursuant to a civil orcriminal proceeding in this state.

3. Confirming the identity of any person whois detained.

4. If the person is an alien, determiningwhether the person is in compliance with thefederal registration laws prescribed by title ii,chapter 7 of the federal immigration andnationality act.

(f) a person may bring an action in superiorcourt to challenge any official or agency ofthis state or county, city, town or otherpolitical subdivision of this state that adoptsor implements a policy that limits or restrictsthe enforcement of federal immigration laws

to less than the full extentpermitted by federal law. If there is a judicialfinding that an entity has violated thissection, the court shall order any of thefollowing:

(1) That the person who brought the actionrecovers court costs and attorney fees.

G. A person may bring an action in superiorcourt to challenge any official or agency ofthis state or a county, city, town or otherpolitical subdivision of this state that adoptsor implements a policy that limits or restrictsthe enforcement of federal immigration laws

to less than the full extent permitted byfederal law. If there is a judicial finding thatan entity has violated this section, the courtshall order any of the following:

1. That the person who brought the actionrecover court costs and attorney fees.


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(2) That the entity pay a civil penalty of notless than an amount equal to one thousanddollars and not more than an amount equalto five thousand dollars for each day that thepolicy has remained in effect after the filing of

an action pursuant to this subsection.

2. That the entity pay a civil penalty of notless than one thousand dollars and not morethan five thousand dollars for each day thatthe policy has remained in effect after thefiling of an action pursuant to thissubsection.

(g) a court shall collect the penalty prescribedin subsection F of this section and remit thepenalty to the Department of Public Safety,whichshall establish a special subaccount for themonies in the account established for theGang and Immigration Intelligence TeamEnforcementMission Appropriation. Monies in the specialsubaccount are subject to legislativeappropriation for distribution for Gang andImmigration Enforcement and for county jailreimbursement costs relating to illegalimmigration.

H. A court shall collect the civil penaltyprescribed in subsection G and remit the civilpenalty to the department of public safety fordeposit in the gang and immigrationintelligence team enforcement mission fundestablished by section 41-1724.

(H) A law enforcement officer is indemnifiedby the law enforcement officer's agencyagainst reasonable costs and expenses,including attorney fees, incurred by theofficer in connection with any action, suit, orproceeding brought pursuant to this section

to which the officer may be a party by reasonof the officer being or having been a memberof the lawenforcement agency, except in relation tomatters in which the officer is adjudged tohave acted in bad faith.

I. A law enforcement officer is indemnified bythe law enforcement officer's agency againstreasonable costs and expenses, includingattorney fees, incurred by the officer inconnection with any action, suit orproceeding brought pursuant to this section

to which the officer may be a party by reasonof the officer being or having been a memberof the law enforcement agency, except inrelation to matters in which the officer isadjudged to have acted in bad faith.

Section 3. {trespassing by illegal aliens;assessment; exception;Classification.}

(a) in addition to any violation of federal law,a person is guilty of trespassing if the person

is both:

(1) present on any public or private land inthis state.

(2) in violation of 8 united states code section1304(e) or section 1306(a).

Sec. 3. Title 13, chapter 15, Arizona revisedstatutes, is amended by adding section 13-1509, to read: 13-1509.Trespassing by illegal aliens; assessment;exception; classification

A. In addition to any violation of federal law,a person is guilty of trespassing if the personis both:

1. Present on any public or private land inthis state.

2. In violation of 8 united states code section


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1304(e) or 1306(a).

(b) in the enforcement of this section, thefinal determination of an alien's immigrationstatus shall be determined by either:

(1) a law enforcement officer who isauthorized to verify or ascertain an alien'simmigration status.

(2) a law enforcement officer or agencycommunicating with the United statesimmigration and customs enforcement or theUnited States border protection pursuant to 8United States code section 1373(c).(c) a person who is sentenced pursuant tothis section is not eligible for suspension or

commutation of sentence or releases on anybasis until the sentence imposed is served.

B. In the enforcement of this section, the finaldetermination of an alien's immigrationstatus shall be determined by either:

1. A law enforcement officer who isauthorized by the federal government to verifyor ascertain an alien's immigration status.

2. A law enforcement officer or agencycommunicating with the United StatesImmigration and Customs Enforcement orthe United States border protection pursuantto United States code section 1373(c).

C. A person who is sentenced pursuant to

this section is not eligible for suspension orcommutation of sentence or release on anybasis until the sentence imposed is served.

(d) in addition to any other penalty prescribedby law, the court shall order the person topay jail costs and an additional assessmentin the following amounts:

(1) at least five hundred dollars for a firstviolation.

(2) twice the amount specified in paragraph 1of this subsection if the person waspreviously subject to an assessmentpursuant to thissubsection.

D. In addition to any other penalty prescribedby law, the court shall order the person topay jail costs and an additional assessmentin the following amounts:

1. At least five hundred dollars for a firstviolation.

2. Twice the amount specified in paragraph 1of this subsection if the person waspreviously subject to an assessmentpursuant to this subsection.

(e) a court shall collect the assessmentsprescribed in subsection d of this section andremit the assessments to the department ofpublic safety, which shall establish a specialsubaccount for the monies in the account

established for the gang and immigrationintelligence team enforcement missionappropriation. Monies in the specialsubaccount are subject to legislativeappropriation for distribution for gang andimmigration enforcement and for county jailreimbursement costs relating to illegalimmigration.

E. A court shall collect the assessmentsprescribed in subsection d of this section andremit the assessments to the department ofpublic safety, which shall establish a specialsubaccount for the monies in the account

established for the gang and immigrationintelligence team enforcement missionappropriation. Monies in the specialsubaccount are subject to legislativeappropriation for distribution for gang andimmigration enforcement and for county jailreimbursement costs relating to illegalimmigration.


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(f) this section does not apply to a person whomaintains authorization from the federalgovernment to remain in the united states.

(g) a violation of this section is a class 1misdemeanor, except that a violation of this

section is:

(1) a class 2 felony if the person violates thissection while in possession of any of thefollowing:

(a) a dangerous drug as defined by the state.

(b) precursor chemicals that are used in theManufacturing of methamphetamine inviolation of state law.

(c) a deadly weapon or a dangerousinstrument, as defined by the state.

(d) property that is used for the purpose ofcommitting an act of terrorism as prescribedby the state.

F. This section does not apply to a personwho maintains authorization from the federalgovernment to remain in the United States.

G. A violation of this section is a class 1misdemeanor, except that a violation of this

section is:

1. A class 3 felony if the person violates thissection while in possession of any of thefollowing:

(a) a dangerous drug as defined in section 13-3401.

(b) precursor chemicals that are used in themanufacturing of methamphetamine inviolation of section 13-3404.01.

(c) a deadly weapon or a dangerousinstrument, as defined in section 13-105.

(d) property that is used for the purpose ofcommitting an act of terrorism as prescribedin section 13-2308.01.

(2) a class 4 felony if the person either:

(a) is convicted of a second or subsequent

violation of this section.

(b) within sixty months before the violation,hasbeen removed from the united statespursuant to United states code section1229(a) or has accepted a voluntary removalfrom the united states pursuant to UnitedStates code section 1229(c).

2. A class 4 felony if the person either:

(a) is convicted of a second or subsequent

violation of this section.

(b) within sixty months before the violation,has been removed from the united statespursuant to united states code section 1229aor has accepted a voluntary removal from theunited states pursuant to united states codesection 1229c.

Section 4. {unlawful application; solicitationor employment; certificate requirement;

classification; definitions.}

(a) it is unlawful for a person who isunlawfully present in the United States andwho is an authorized alien to knowingly applyfor work, solicit work in a public place orperform work as an employee or independentcontractor inthis state.

Sec. 4. Section 13-2319, Arizona RevisedStatutes, is amended to read 13-2319.

smuggling; classification; definitions

A. It is unlawful for a person to intentionallyengage in the smuggling of human beings forprofit or commercial purpose.

B. A violation of this section is a class 4felony.


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(b) a violation of this section is a Class 1Misdemeanor

(c) for the purposes of this section:

(1) "solicit" means verbal or nonverbalcommunication by a gesture or a nod thatwould indicate to a reasonable person that aperson iswilling to be employed.

(2) "unauthorized alien" means an alien whodoes not have the legal right or authorizationunder federal law to work in the UnitedStates as described in 8 United States CodeSection 1324a(h)(3).

C. Notwithstanding subsection B of thissection, a violation of this section:

1. Is a class 2 felony if the human being whois smuggled is under eighteen years of ageand is not accompanied by a family member

over eighteen years of age or the offenseinvolved the use of a deadly weapon ordangerous instrument.

2. Is a class 3 felony if the offense involvesthe use or threatened use of deadly physicalforce and the person is not eligible forsuspension of sentence, probation, pardon orrelease from confinement on any other basisexcept pursuant to section 31-233,subsection A or B until the sentence imposedby the court is served, the person is eligiblefor release pursuant to section 41-1604.07 orthe sentence is commuted.

Section 6. {knowingly employingunauthorized aliens; prohibition; false andfrivolous complaints; violation; classification;license suspension andrevocation; affirmative defense.}

(a) an employer shall not knowingly employan unauthorized alien. If, in the case when

an employer uses a contract, subcontract orother independent contractor agreement toobtain the labor of an alien in this state, theemployer knowingly contracts with anunauthorized alien or with a person whoemploys or contracts with an unauthorizedalien to perform the labor, the employerviolates this subsection.

Sec. 6. Section 23-212, Arizona RevisedStatutes, is amended to read: 23-212.knowingly employing unauthorized aliens;prohibition; false and frivolous complaints;violation; classification; license suspensionand revocation; affirmative defense

A. An employer shall not knowingly employ

an unauthorized alien. If, in the case whenan employer uses a contract, subcontract orotherindependent contractor agreement to obtainthe labor of an alien in this state, theemployer knowingly contracts with anunauthorized alien or with a 15 person whoemploys or contracts with an unauthorizedalien to perform the 16 labor, the employerviolates this subsection.

(b) the attorney general shall prescribe a

complaint form for a person to allege aviolation of subsection A of this section. Thecomplainant shall not be required to list thecomplainant's social security number on thecomplaint form or to have the complaint formnotarized. On receipt of a complaint on aprescribed complaint form that an employerallegedly knowingly employs an unauthorizedalien, the attorney general or county attorney

17 B. The attorney general shall prescribe a

complaint form for a person to allege aviolation of subsection A of this section. Thecomplainant shall not be required to list thecomplainant's social security number on thecomplaint form or to have the complaint formnotarized. On receipt of a complaint on aprescribed complaint form that an employerallegedly knowingly employs an unauthorizedalien, the attorney general or county attorney


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shall investigate whether the employer hasviolated subsection A of this section. If acomplaint is received but is not submitted ona prescribed complaint form, the attorneygeneral or county attorney may investigatewhether the employer has violated subsection

A of this section. This subsection shall not beconstrued to prohibit the filing of anonymouscomplaints that are not submitted on aprescribed complaint form. The attorneygeneral or county attorney shall notinvestigate complaints that are based solelyon race, color or national origin. A complaintthat is submitted to a county attorney shallbe submitted to the county attorney in thecounty in which the alleged unauthorizedalien is or was employed bythe employer. The county sheriff or any otherlocal law enforcement agency may assist ininvestigating a complaint.When investigating a complaint, the attorneygeneral or county attorney shall verify theworkauthorization of the alleged unauthorizedalien with the 276 federal governmentpursuant to 8 United States Code section1373(c). A state,county or local official shall not attempt toindependently make a final determination on

whether an alien is authorized to work in theUnited States. An alien's immigration statusor work authorization status shall be verifiedwith the federal government pursuant to 8United States Code section 1373(c). A personwho knowingly files a false and frivolouscomplaint under this subsection is guilty of aclass 3 misdemeanor.

shall investigate whether the employer hasviolated subsection A of this section. If acomplaint is received but is not submitted ona prescribed complaint form, the attorneygeneral or county attorney may investigatewhether the employer has violated subsection

A of this section. This subsection shall not beconstrued to prohibit the filing of anonymouscomplaints that are not submitted on aprescribed complaint form. The attorneygeneral or county attorney shall notinvestigate complaints that are based solelyon race, color or national origin. A complaintthat is submitted to a county attorney shallbe submitted to the county attorney in thecounty in which the alleged unauthorizedalien is or was employed by the employer.The county sheriff or any other local lawenforcement agency may assist ininvestigating a complaint.When investigating a complaint, the attorneygeneral or county attorney shall verify thework authorization of the allegedunauthorized alien with the federalgovernment pursuant to 8 United StatesCode section 1373(c). A state, county or localofficial shall not attempt to independentlymake a final determination on whether analien is authorized to work in the United

States. An alien's immigration status or workauthorization status shall be verified with thefederal government pursuant to 8 UnitedStates Code section 1373(c). A person whoknowingly files a false and frivolouscomplaint under this subsection is guilty of aclass 3 misdemeanor.

(c) if, after an investigation, the attorneygeneral or county attorney determines thatthe complaint is not false and frivolous:

(1) The attorney general or county attorneyshall notify the United States immigrationand customs enforcement of theunauthorized alien.

(2) The attorney general or county attorneyshall notify the local law enforcement agencyof the unauthorized alien.

C. If, after an investigation, the attorneygeneral or county attorney determines thatthe complaint is not false and frivolous:

1. The attorney general or county attorneyshall notify the United States immigrationand customs enforcement of theunauthorized alien.

2. The attorney general or county attorneyshall notify the local law enforcement agencyof the unauthorized alien.


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(3) The attorney general shall notify theappropriate county attorney to bring anaction pursuant to subsection D of thissection if thecomplaint was originally filed with theattorney general.

3. The attorney general shall notify theappropriate county attorney to bring anaction pursuant to subsection D of thissection if the complaint was originally filedwith the attorney general.

(d) an action for a violation of subsection A ofthis section shall be brought against theemployer by the county attorney in thecounty where theunauthorized alien employee is or wasemployed by the employer. The countyattorney shall not bring an action against anyemployer for anyviolation of subsection A of this section thatoccurs before January 1, 2008. A secondviolation of this section shall be based onlyon an unauthorized alien who is or wasemployed by the employer after an action hasbeen brought for a violation of subsection Aof this section or other state law.

D. An action for a violation of subsection A ofthis section shall be brought against theemployer by the county attorney in thecounty where the unauthorized alienemployee is or was employed by theemployer. The county attorney shall not bringan action against any employer for anyviolation of subsection A of this section thatoccurs before January 1, 2008. A secondviolation of this section shall be based onlyon an unauthorized alien who is or wasemployed by the employer after an action hasbeen brought for a violation of subsection Aof this section or section 23-212.01,subsection A.

(e) for any action in superior court under thissection, the court shall expedite the action,including assigning the hearing at the earliestpracticable date.

(f) on a finding of a violation of subsection A

of this section:

(1) For a first violation, as described inparagraph 3 of this subsection, the court:

(a) Shall order the employer to terminate theemployment of all unauthorized aliens.

(b) Shall order the employer to be subject to athree year probationary period for thebusiness location where the unauthorizedalien performed work. During the

probationary period the employer shall filequarterly reports in the formprovided in state law with the countyattorney of each new employee who is hiredby the employer at the business locationwhere the unauthorized alien performedwork.

E. For any action in superior court under thissection, the court shall expedite the action,including assigning the hearing at the earliestpracticable date.

F. On a finding of a violation of subsection A

of this section:

1. For a first violation, as described inparagraph 3 of this subsection, the court:

(a) Shall order the employer to terminate theemployment of all unauthorized aliens.

(b) Shall order the employer to be subject to athree year probationary period for thebusiness location where the unauthorizedalien performed work. During the

probationary period the employer shall filequarterly reports in the form provided insection 23-722.01 with the countyattorney of each new employee who is hiredby the employer at the business locationwhere the unauthorized alien performedwork.


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(c) shall order the employer to file a signedsworn affidavit with the county attorneywithin three business days after the order is

issued. The affidavit shall state that theemployer has terminated the employment ofall unauthorized aliens in this state and thatthe employer willnot intentionally or knowingly employ anunauthorized alien in this state. The courtshall order the appropriate agencies tosuspend all licenses subject to thissubdivision that areheld by the employer if the employer fails tofile a signed sworn affidavit with the countyattorney within three business days after the

order is issued. All licenses that aresuspended under this subdivision shallremain suspended until the employer files asigned sworn affidavit with thecounty attorney. Notwithstanding any otherlaw, on filing of the affidavit the suspendedlicenses shall be reinstated immediately bythe appropriate agencies. For the purposes ofthis subdivision, the licenses that are subjectto suspension under this subdivision are alllicenses that are held by the employerspecific to the business location where theunauthorized alien performed work. If theemployer does not hold a license specific tothe business location where theunauthorized alien performed work, but alicense is necessary to operate the employer'sbusiness in general, the licenses that aresubject to suspension under this subdivisionare all licenses that are held by the employerat the employer's primary place of business.On receipt of the court's order andnotwithstanding any other law, theappropriate agencies shall suspend thelicenses according to the court's order. Thecourt shall send a copy of the court's order tothe attorney general and the attorney generalshallmaintain the copy pursuant to subsection Gof this section.

(c) Shall order the employer to file a signedsworn affidavit with the county attorneywithin three business days after the order is

issued. The affidavit shall state that theemployer has terminated the employment ofall unauthorized aliens in this state and thatthe employer will not intentionally orknowingly employ an unauthorized alien inthis state. The court shall order theappropriate agencies to suspend all licensessubject to this subdivision that are held bythe employer if the employer fails to file asigned sworn affidavit with the countyattorney within three business days after theorder is issued. All licenses that are

suspended under thissubdivision shall remain suspended until theemployer files a signed sworn affidavit withthe county attorney. Notwithstanding anyother law, on filing of the affidavit thesuspended licenses shall be reinstatedimmediately by the appropriate agencies. Forthe purposes of this subdivision, the licensesthat are subject to suspension under thissubdivision are all licenses that are held bythe employer specific to the business locationwhere the unauthorized alien performedwork. If the employer does not hold a licensespecific to the business location where theunauthorized alien performed work, but alicense is necessary to operate the employer'sbusiness ingeneral, the licenses that are subject tosuspension under this subdivision are alllicenses that are held by the employer at theemployer's primary place of business. Onreceipt of the court's order andnotwithstanding any other law, theappropriate agencies shall suspend thelicenses according to the court's order. Thecourt shall send a copy of the court's order totheattorney general and the attorney generalshall maintain the copy pursuant tosubsection G of this section.


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(d) may order the appropriate agencies tosuspend all licenses described in subdivision(c) of this paragraph that are held by theemployer for not to exceed ten business days.The court shall base its decision to suspendunder this

subdivision on any evidence or informationsubmitted to it during the action for aviolation of this subsection and shall considerthe following factors, if relevant:

(i) The number of unauthorized aliensemployed by the employer.

(ii) Any prior misconduct by the employer.

(iii) The degree of harm resulting from theviolation.

(iv) Whether the employer made good faithefforts to comply with any applicablerequirements.

(v) The duration of the violation.

(vi) The role of the directors, officers orprincipals of the employer in the violation.

(vii) Any other factors the court deems

appropriate.

(d) May order the appropriate agencies tosuspend all licenses described in subdivision(c) of this paragraph that are held by theemployerfor not to exceed ten business days. Thecourt shall base its decision to suspend

under this subdivision on any evidence orinformation submitted to it during the actionfor a violation of this subsection and shallconsider the following factors, if relevant:







(vii) Any other factors the court deems

appropriate.(2) for a second violation, as described inparagraph 3 of this subsection, the courtshall order the appropriate agencies topermanently revoke all licenses that are heldby the employerspecific to the business location where theunauthorized alien performed work. If theemployer does not hold a license specific tothe business location where the unauthorizedalien performed work, but a license isnecessary to operate the employer's business

in general, the court shall order theappropriate agencies to permanently revokeall licenses that are held by the employer atthe employer's primary place of business. Onreceipt of the order and notwithstanding anyother law, the appropriate agencies shallimmediately revoke the licenses.

2. For a second violation, as described inparagraph 3 of this subsection, the courtshall order the appropriate agencies topermanently revoke all licenses that are heldby the employer specific to the businesslocation where the unauthorized alienperformed work. If the employer does nothold a license specific to the businesslocation where the unauthorized alienperformed work, but a license is necessary tooperate the employer's business in general,

the court shall order the appropriate agenciesto permanently revoke all licenses that areheld by the employer at the employer'sprimary place of business. On receipt of theorder and notwithstanding any other law, theappropriate agencies shall immediatelyrevoke the licenses.


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(3) the violation shall be considered:

(a) A first violation by an employer at abusiness location if the violation did notoccur during a probationary period orderedby the court under this subsection or other

state law, for that employer's businesslocation.

(b) A second violation by an employer at abusiness location if the violation occurredduring a probationary period ordered by thecourt under this subsection or other statelaw, for that employer's b business location.

3. The violation shall be considered:

(a) A first violation by an employer at abusiness location if the violation did notoccur during a probationary period orderedby the court under this subsection or section

23-212.01, subsection for that employer'sbusiness location.

(b) A second violation by an employer at abusiness location if the violation occurredduring a probationary period ordered by thecourt under this subsection or section 23-212.01, subsection F for that employer'sbusiness location.

(g) the attorney general shall maintain copiesof court orders that are received pursuant tosubsection f of this section and shallmaintain adatabase of the employers and businesslocations that have a first violation ofsubsection a of this section and make thecourt orders available on the attorneygeneral's website.

(h) on determining whether an employee is anunauthorized alien, the court shall consideronly the federal government's determinationpursuant to United states code section

1373(c). The federal government'sdetermination creates a rebuttablepresumption of the employee's lawful status.The court may take judicial notice of thefederal government's determination and mayrequest the federal government to provideautomated or testimonial verificationpursuant to 8 united states code Section1373(c).

G. The attorney general shall maintain copiesof court orders that are received pursuant tosubsection f of this section and shallmaintain adatabase of the employers and businesslocations that have a first violation ofsubsection a of this section and make thecourt orders available on the attorneygeneral's website.

H. On determining whether an employee is anunauthorized alien, the court shall consideronly the federal government's determinationpursuant to United States code section

1373(c). The federal government'sdetermination creates a rebuttablepresumption of the employee's lawful status.The court may take judicial notice of thefederal government's determination and mayrequest the federal government to provideautomated or testimonial verificationpursuant to United States code section1373(c).

(i) for the purposes of this section, proof of

verifying the employment authorization of anemployee through the e-verify programcreates arebuttable presumption that an employer didnot knowingly employ an unauthorized alien.

I. For the purposes of this section, proof of

verifying the employment authorization of anemployee through the e-verify programcreates a rebuttable presumption that anemployer did not knowingly employ anunauthorized alien.

(j) for the purposes of this section, anemployer that establishes that it has

J. For the purposes of this section, anemployer that establishes that it has


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complied in good faith with the requirementsof 8 united states codeSection 1324a(b) establishes an affirmativedefense that the employer did not knowinglyemploy an unauthorized alien. An employer isconsidered to have complied with the

requirements of 8 united states code section1324a(b), notwithstanding an isolated,sporadic or accidental technical or proceduralfailure to meet the requirements, if there is agood faith attempt to comply with therequirements.

complied in good faith with the requirementsof 8 united states code section 1324a(b)establishes an affirmative defense that theemployer did not knowingly employ anunauthorized alien. An employer isconsidered to have complied with the

requirements of 8 united states code section1324a(b), notwithstanding an isolated,sporadic or accidental technical or proceduralfailure to meet the requirements, if there is agood faith attempt to comply with therequirements.

(k) an employer is not entrapped under thissection if the employer was predisposed toviolate subsection a of this section and lawenforcementofficers or their agents merely provided theemployer with an opportunity to violatesubsection a of this section. It is notentrapment for law enforcement officers ortheir agents merely to use a ruse or toconceal their identity.

L. An employer does not establishentrapment if the employer was predisposedto violate subsection a of this section and thelaw enforcement officers or their agentsmerely provided the employer with anopportunity tocommit the violation. It is not entrapment forlaw enforcement officers or their agentsmerely to use a ruse or to conceal theiridentity. The conduct of law enforcementofficers and their agents may be consideredin determining if an employer has provenentrapment.

section 7. {Intentionally employingunauthorized aliens; prohibition; false and

frivolous complaints; violation; classification;license suspension andRevocation; affirmative defense.}

(A) An employer shall not intentionallyemploy an unauthorized alien. If, in the casewhen an employer uses a contract,subcontract or otherindependent contractor agreement to obtainthe labor of an alien in this state, theemployer intentionally contracts with anunauthorized alien or with a person who

employs or contracts with an unauthorizedalien to perform the labor, the employerviolates this subsection.

Sec. 7. Section 23-212.01, Arizona RevisedStatutes, is amended to read: 23-212.01.

Intentionally employing unauthorized aliens;prohibition; false and frivolous complaints;violation; classification; license suspensionand revocation; affirmative defense

A. An employer shall not intentionally employan unauthorized alien. If, in the case whenan employer uses a contract, subcontract orother independent contractor agreement toobtain the labor of an alien in this state, theemployer intentionally contracts with anunauthorized alien or with a person who

employs or contracts with an unauthorizedalien to perform the labor, the employerviolates this subsection.

(b) the attorney general shall prescribe acomplaint form for a person to allege aviolation of subsection a of this section. Thecomplainant shall not be required to list the

B. The attorney general shall prescribe acomplaint form for a person to allege aviolation of subsection a of this section. Thecomplainant shall not be required to list the


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complainant's social security number on thecomplaint form or to have the complaint formnotarized. On receipt of a complaint on aprescribed complaint form that an employerallegedly intentionally employs anunauthorized alien, the attorney general or

county attorney shall investigate whether theemployer has violated subsection a of thissection. If a complaint is received but is notsubmitted on a prescribed complaint form,the attorney general or county attorney mayinvestigate whether the employer has violatedsubsection a of this section. This subsectionshall not be construed to prohibit the filing ofanonymous complaints that are notsubmitted on a prescribed complaint form.The attorney general or county attorney shallnot investigate complaints that are basedsolely on race, color or national origin. Acomplaint that is submitted to a countyattorney shall be submitted to the countyattorney in the county in which the allegedunauthorized alien is or was employed bythe employer. The county sheriff or any otherlocal law enforcement agency may assist ininvestigating a complaint.When investigating a complaint, the attorneygeneral or county attorney shall verify thework authorization of the alleged

unauthorized alien with the federalgovernment pursuant to 8 united states codesection 1373(c). A state, county or localofficial shall not attempt to independentlymake a final determination on whether analien is authorized to work in the UnitedStates. An alien's immigration status or workauthorization status shall be verified with thefederal government pursuant to 8 UnitedStates code section 1373(c). A person whoknowingly files a false and frivolouscomplaint under this subsection is guilty of a

class 3 misdemeanor.

complainant's social security number on thecomplaint form or to have the complaint formnotarized. On receipt of a complaint on aprescribed complaint form that an employerallegedly intentionally employs anunauthorized alien, the attorney general or

county attorney shall investigate whether theemployer has violated subsection a of thissection. If a complaint is received but is notsubmitted on a prescribed complaint form,the attorney general or county attorney mayinvestigate whether the employer has violatedsubsection a of this section. This subsectionshall not be construed to prohibit the filing ofanonymous complaints that are notsubmitted on a prescribed complaint form.The attorney general or county attorney shallnot investigate complaints that are basedsolely on race, color or national origin. Acomplaint that is submitted to a countyattorney shall be submitted to the countyattorney in the county in which the allegedunauthorized alien is or was employed by theemployer. The county sheriff or any otherlocal law enforcement agency may assist ininvestigating a complaint.When investigating a complaint, the attorneygeneral or county attorney shall verify thework authorization of the alleged

unauthorized alien with the federalgovernment pursuant to United States codesection 1373(c). A state, county or localofficial shall not attempt to independentlymake a final determination on whether analien is authorized to work in the unitedstates. An alien's immigration status or workauthorization status shall be verified with thefederal government pursuant to 8 unitedstates code section 1373(c). A person whoknowingly files a false and frivolouscomplaint under this subsection is guilty of a

class 3 misdemeanor.

(c) if, after an investigation, the attorneygeneral or county attorney determines thatthe complaint is not false and frivolous:

(1) the attorney general or county attorneyshall notify the United States immigrationand customs enforcement of the

C. If, after an investigation, the attorneygeneral or county attorney determines thatthe complaint is not false and frivolous:

1. The attorney general or county attorneyshall notify the United States immigrationand customs enforcement of the


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unauthorized alien.

(2) the attorney general or county attorneyshall notify the local law enforcement agencyof the unauthorized alien.

(3) the attorney general shall notify theappropriate county attorney to bring anaction pursuant to subsection d of thissection if thecomplaint was originally filed with theattorney general.

(d) an action for a violation of subsection a ofthis section shall be brought against theemployer by the county attorney in thecounty where theunauthorized alien employee is or wasemployed by the employer. The countyattorney shall not bring an action against anyemployer for anyViolation of subsection (a) of this section that458 occurs before January 1, 2008. A secondviolation of this section shall be based onlyon an unauthorized alien who is or wasemployed by the employer after an action hasbeen brought for a violation of subsection a ofthis section or otherState law.

unauthorized alien.

2. The attorney general or county attorneyshall notify the local law enforcement agencyof the unauthorized alien.

3. The attorney general shall notify theappropriate county attorney to bring anaction pursuant to subsection d of thissection if the complaint was originally filedwith the attorney general.

D. An action for a violation of subsection a ofthis section shall be brought against theemployer by the county attorney in thecounty where the unauthorized alienemployee is or was employed by theemployer. The county attorney shall not bringan action against any employer for anyviolation of subsection (a) of this section thatoccurs before January 1, 2008. A secondviolation of this section shall be based onlyon an unauthorized alien who is or wasemployed by the employer after an action hasbeen brought for a violation of subsection (a)of this section or section 23-212, subsection(a).

(e) for any action in superior court under thissection, the court shall expedite the action,including assigning the hearing at the earliestpracticable date.

(f) on a finding of a violation of subsection Aof this section:

(1) For a first violation, as described inparagraph of this subsection, the court shall:

(a) Order the employer to terminate theemployment of all unauthorized aliens.

(b) Order the employer to be subject to a fiveyearprobationary period for the business locationwhere the unauthorized alien performedwork. During the probationary period theemployer shall file quarterly reports in the

E. For any action in superior court under thissection, the court shall expedite the action,including assigning the hearing at the earliestpracticable date.

F. On a finding of a violation of subsection Aof this section:

1. For a first violation, as described inparagraph of this subsection, the court shall:

(a) Order the employer to terminate theemployment of all unauthorized aliens.

(b) Order the employer to be subject to a fiveyear probationary period for the businesslocation where the unauthorized alienperformed work. During the probationaryperiod the employer shall file quarterlyreports in the form provided in section 23-


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form provided in state law with the countyattorney of each newemployee who is hired by the employer at thebusiness location where the unauthorizedalien performed work.

722.01 with the county attorney of each newemployee who is hired by the employer at thebusiness location where the unauthorizedalien performed work.

(c) Order the appropriate agencies to suspendall licenses described in subdivision (d) of thisparagraph that are held by the employer for aminimum of ten days. The court shall baseits decision on the length of the suspensionunder this subdivision on any evidence orinformation submitted to it during the actionfor a violation of this subsection and shallconsider the following factors, if relevant:







(vii) Any other factors the court deemsappropriate.

(c) Order the appropriate agencies to suspendall licenses described in subdivision (d) of thisparagraph that are held by the employer for aminimum of ten days. The court shall baseits decision on the length of the suspensionunder this subdivision on any evidence orinformation submitted to it during the actionfor a violation of this subsection and shallconsider the following factors, if relevant:







(vii) Any other factors the court deemsappropriate.

(d) Order the employer to file a signed swornaffidavit with the county attorney. Theaffidavit shall state that the employer hasterminated the employment of allunauthorized aliens in this state and that the

employer will not intentionally or knowinglyemploy an unauthorized alien in this state.The court shall order the appropriateagencies to suspend all licenses subject tothis subdivision that are held by theemployer if the employer fails to file a signedsworn affidavit with the county attorneywithin three business days after the order isissued. All licenses that are

(d) Order the employer to file a signed swornaffidavit with the county attorney. Theaffidavit shall state that the employer hasterminated the employment of allunauthorized aliens in this state and that the

employer will not intentionally or knowinglyemploy an unauthorized alien in this state.The court shall order the appropriateagencies to suspend all licenses subject tothis subdivision that are held by theemployer if the employer fails to file a signedsworn affidavit with the county attorneywithin three business days after the order isissued. All licenses that are suspended under


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suspended under this subdivision for failingto file a signed sworn affidavit shall remainsuspended until the employer files a signedsworn affidavit with the county attorney. Forthe purposes of this subdivision, the licensesthat are

subject to suspension under this subdivisionare all licenses that are held by the employerspecific to the business location where theunauthorized alien performed work. If theemployer does not hold a license specific tothe business location where the unauthorizedalien performed work, but a license isnecessary to operate the employer's businessin general, the licenses that are subject tosuspension under this subdivision are alllicenses that are held by the employer at theemployer's primary place of business. Onreceipt of the court's order andnotwithstanding any other law, theappropriate agencies shall suspend thelicenses according to the court's order. Thecourt shall send a copy of the court's order tothe attorney general and the attorneygeneral shall maintain the copy pursuant tosubsection G of this section.

this subdivision for failing to file a signedsworn affidavit shall remain suspended untilthe employer files a signed sworn affidavitwith the county attorney. For the purposes ofthis subdivision, the licenses that are subjectto suspension under this subdivision are all

licenses that are held by the employerspecific to the business location where theunauthorized alien performed work. If theemployer does not hold a license specific tothe business location where the unauthorizedalien performed work, but a license isnecessary to operate the employer's businessin general, the licenses that are subject tosuspension under this subdivision are alllicenses that are held by the employer at theemployer's primary place of business. Onreceipt of the court's order andnotwithstanding any other law, theappropriate agencies shall suspend thelicenses according to the court's order. Thecourt shall send a copy of the court's order tothe attorney general and the attorney generalshall maintain the copy pursuant tosubsection G of this section.

(2) For a second violation, as described inparagraph 3 of this subsection, the court

shall order the appropriate agencies topermanently revoke all licenses that are heldby the employerspecific to the business location where theunauthorized alien performed work. If theemployer does not hold a license specific tothe business location where the unauthorizedalien performed work, but a license isnecessary to operate the employer's businessin general, the court shall order theappropriate agencies topermanently revoke all licenses that are held

by the employer at the employer's primaryplace of business. On receipt of the order andnotwithstanding any other law, theappropriate agencies shall immediatelyrevoke the licenses.

2. For a second violation, as described inparagraph 3 of this subsection, the court

shall order the appropriate agencies topermanently revoke all licenses that are heldby the employer specific to the businesslocation where the unauthorized alienperformed work. If the employer does nothold a license specific to the businesslocation where the unauthorized alienperformed work, but a license is necessary tooperate the employer's business in general,the court shall order the appropriate agenciestopermanently revoke all licenses that are held

by the employer at the employer's primaryplace of business. On receipt of the order andnotwithstanding any other law, theappropriate agencies shall immediatelyrevoke the licenses.

(3) The violation shall be considered:

(a) A first violation by an employer at a

3. The violation shall be considered:

(a) A first violation by an employer at a


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business location if the violation did notoccur during a probationary period orderedby the court under this subsection or otherstate law, for that employer's businesslocation.

(b) A second violation by an employer at abusiness location if the violation occurredduring a probationary period ordered by thecourt under this subsection or other statelaw, for that employer's business location.

business location if the violation did notoccur during a probationary period orderedby the court under this subsection or section23-212, subsection F for that employer'sbusiness location.

(b) A second violation by an employer at abusiness location if the violation occurredduring a probationary period ordered by thecourt underthis subsection or section 23-212, subsectionF for that employer's business location.

(G) The attorney general shall maintaincopies of court orders that are receivedpursuant to subsection F of this section andshall maintain adatabase of the employers and businesslocations that have a first violation ofsubsection A of this section and make thecourt orders available on the attorneygeneral's website.

(H) On determining whether an employee isan unauthorized alien, the court shallconsider only the federal government'sdetermination pursuant to United StatesCode section 1373(c). The federalgovernment's determination creates a

rebuttable presumption of the employee'slawful status. The court may take judicialnotice of the federal government'sdetermination and may request the federalgovernment to provide automated ortestimonial verification pursuant to UnitedStates Code section 1373(c).

(I) For the purposes of this section, proof ofverifying the employment authorization of anemployee through the e-verify programcreates a

rebuttable presumption that an employer didnot intentionally employ an unauthorizedalien.

(J) For the purposes of this section, anemployer that establishes 549 that it hascomplied in good faith with the requirementsof 8 United States Code section 1324a(b)establishes an affirmative defense that the

G. The attorney general shall maintain copiesof court orders that are received pursuant tosubsection F of this section and shallmaintain adatabase of the employers and businesslocations that have a first violation ofsubsection A of this section and make thecourt orders available on the attorneygeneral's website.

H. On determining whether an employee is anunauthorized alien, the court shall consideronly the federal government's determinationpursuant to United States Code section1373(c). The federal government'sdetermination creates a rebuttable

presumption of the employee's lawful status.The court may take judicial notice of thefederal government's determination and mayrequest the federal government to provideautomated or testimonial verificationpursuant to United States Code section1373(c).

I. For the purposes of this section, proof ofverifying the employment authorization of anemployee through the e-verify programcreates a rebuttable presumption that an

employer did not intentionally employ anunauthorized alien.

J. For the purposes of this section, anemployer that establishes that it hascomplied in good faith with the requirementsof 8 United States Codesection 1324a(b) establishes an affirmativedefense that the employer did not


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employer did not intentionally employ anunauthorized alien. An employer isconsidered to have complied with therequirements of 8 United States Code section1324a(b), notwithstanding an isolated,sporadic or accidental technical or procedural

failure to meet the requirements, if there is agood faith attempt to comply with therequirements.

intentionally employ an unauthorized alien.An employer is considered to have compliedwith the requirements of 8 United StatesCode section 1324a(b), notwithstanding anisolated, sporadic or accidental technical orprocedural failure to meet the requirements,

if there is a good faith attempt to comply withthe requirements.

Section 8. {Verification of employmenteligibility; e-verify program; economicdevelopment incentives; list of registeredemployers; violation.}

(A) After December 31, 2007, every employer,after hiring an employee, shall verify theemployment eligibility of the employeethrough the e-verify program AND SHALLKEEP A RECORD OF THE VERIFICATION.

(B) In addition to any other requirement foran employer to receive an economicdevelopment incentive from a governmententity, the employershall register with and participate in the e-verify program. Before receiving the economicdevelopment incentive, the employer shallprovide proof to the government entity that

the employer is registered with and isparticipating in the e-verify program. If thegovernment entity determines that theemployer is not complying with thissubsection, the government entity shall notifythe employer by certified mail of thegovernment entity's determination ofnoncompliance and the employer's right toappeal the determination. On a finaldetermination of noncompliance, theemployer shall repay all monies received asan economic development incentive to the

government entity within thirty days of thefinal determination. For the purposes of thissubsection:

(1) "Economic development incentive" meansany grant, loan or performance basedincentive from any government entity that isawarded after September 30, 2008.

Sec. 8. Section 23-214, Arizona RevisedStatutes, is amended to read: 23-214.Verification of employment eligibility; e-verifyprogram; economic development incentives;list of registered employers

A. After December 31, 2007, every employer,after hiring an employee, shall verify theemployment eligibility of the employeethrough the e-verify program AND SHALLKEEP A RECORD OF THE VERIFICATIONFOR THE DURATION OF THE44 EMPLOYEE'S EMPLOYMENT OR ATLEAST THREE YEARS, WHICHEVER ISLONGER.

B. In addition to any other requirement for anemployer to receive an economic developmentincentive from a government entity, the

employer shall register with and participatein the e-verify program. Before receiving theeconomic development incentive, theemployer shall provide proof to thegovernment entity that the employer isregistered with and is participating in the e-verify program. If the government entitydetermines that the employer is notcomplying with this subsection, thegovernment entity shall notify the employerby certified mail of the government entity'sdetermination of noncompliance and the

employer's right to appeal the determination.On a final determination of noncompliance,the employer shall repay all monies receivedas an economic development incentive to thegovernment entity within thirty days of thefinal determination. For the purposes of thissubsection:

1. "Economic development incentive" means


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(2) "Government entity" means this state andany political subdivision of this state thatreceives and uses tax revenues.

(C) Every three months the attorney generalshall request from the United States

Department of Homeland Security a list ofemployers from this state that are registeredwith the e-verify program. On receipt of thelist of employers, the attorney general shallmake the list available on the attorneygeneral's website.

any grant, loan or performance-basedincentive from any government entity that isawarded after September 30, 2008. Economicdevelopment incentive does not include anytax provision under title 42 or 43.

2. "Government entity" means this state andany political subdivision of this state thatreceives and uses tax revenues.

C. Every three months the attorney generalshall request from the United Statesdepartment of homeland security a list ofemployers from this state that are registeredwith the e-verify program. On receipt of thelist of employers, the attorney general shallmake the lis