COMMITTEE ON APPROPRIATIONS
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2779
(Reference to printed bill)
Page 2, strike lines 1 through 10, insert:
"3. "Employee" means any person who performs employment services for an employer pursuant to an employment relationship between the employee and employer.
4. "Employer" means any individual or type of organization, including this state and any political subdivision of this state, that employs one or more individuals who perform employment services. Employer includes self‑employed persons.
5. "Knowingly employ an unauthorized alien" means the actions described in 8 united states code section 1324a.
6. "License":
(a) Means any agency permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency for the purposes of operating a business in this state.
(b) Includes any transaction privilege tax license.
(c) Does not include any license issued pursuant to title 45 or 49."
Renumber to conform
Lines 16 and 20, strike "BUSINESS ENTITY" insert "employer"
Line 21, after "STATE" insert ", on a form prescribed by the attorney general,"; strike "BUSINESS ENTITY" insert "employer"
Line 22, strike "AND" insert a comma; strike "BUSINESS ENTITY" insert "employer"
Line 23, after "ALIEN" insert "and that the employer complies with all federal laws regarding the authorization for employment in the United States of every employee who is employed by the employer in this state"
Lines 24 and 25, strike "BUSINESS ENTITY" insert "employer"
Line 27, strike "BUSINESS ENTITY" insert "an employer"
Line 28, after the second "FALSE" insert ", or after filing the sworn affidavit knowingly takes action to violate the sworn affidavit"
Page 2, line 30, after "VIOLATION" insert "during a five-year period"; strike "BUSINESS"
Line 31, strike "ENTITY" insert "EMPLOYER"; strike "five thousand" insert "two thousand five hundred"
Line 32, strike "IMMIGRATION"
Line 33, strike "ENFORCEMENT FUND ESTABLISHED BY SECTION 26-103" insert "state general fund"
Line 34, after the period insert "On conviction, the court may suspend any license that is held by the employer that is necessary to operate a business in this state."
Line 35, after "VIOLATION" insert "during a five-year period"
Line 37, strike "BUSINESS ENTITY" insert "employer"
Line 38, strike "ten" insert "five"
Lines 39 and 40, strike "IMMIGRATION ENFORCEMENT FUND ESTABLISHED BY SECTION 26‑103" insert "state general fund"
Line 41, after the period insert "On conviction, the court may suspend any license that is held by the employer that is necessary to operate a business in this state."
Line 42, after "VIOLATION" insert "during a five-year period"; strike "BUSINESS"
Line 43, strike "ENTITY" insert "employer"; strike "fifteen" insert "five"
Page 3, line 1, strike "IMMIGRATION ENFORCEMENT FUND ESTABLISHED BY SECTION 26-103" insert "state general fund"
Line 2, after the period insert "On conviction, the court shall revoke any license that is held by the employer that is necessary to operate a business in this state."
Line 3, strike "A BUSINESS ENTITY" insert "an employer"
Line 5, strike "BUSINESS ENTITY" insert "employer"
Strike lines 7 through 10, insert:
"E. For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date."
Page 3, lines 11 and 12, strike "enforcement; suspension of license" insert "investigations"
Line 13, strike "A."; strike "signed written"; strike "A BUSINESS ENTITY" insert "an employer"
Line 15, strike "BUSINESS ENTITY" insert "employer"
Line 16, strike "BUSINESS ENTITY" insert "employer"
Line 18, strike the third "THE"
Strike lines 19 through 45
Strike pages 4 and 5
Page 6, strike lines 1 through 15, insert:
"23-214. Employment relationship; interpretation; employer actions; federal law compliance
A. Under this article, the existence of an employment relationship shall be interpreted consistently with other employment statutes and common law principles.
B. This article shall not be construed to require an employer to take any action that the employer believes in good faith would violate federal law."
Renumber to conform
Strike lines 24 through 34, insert:
"2. "Employee" means any person who performs employment services for an employer pursuant to an employment relationship between the employee and employer.
3. "Employer" means any individual or type of organization, including this state and any political subdivision of this state, that employs one or more individuals who perform employment services. Employer includes self‑employed persons.
4. "Knowingly employ an unauthorized alien" means the actions described in 8 United States Code section 1324a.
5. "License":
(a) Means any agency permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency for the purposes of operating a business in this state.
(b) Includes any transaction privilege tax license.
(c) Does not include any license issued pursuant to title 45 or 49.
6. "Unauthorized alien" means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 United States code section 1324a(h)(3)."
Page 6, line 38, strike "A BUSINESS ENTITY" insert "an employer"; after the second "AGENCY" insert ", on a form prescribed by the attorney general,"
Line 39, strike "STATES" insert "indicates"; strike "BUSINESS ENTITY" insert "employer"
Line 40, strike "AND" insert a comma; strike "BUSINESS ENTITY" insert "employer"
Line 41, after "alien" insert "and that the employer complies with all federal laws regarding the authorization for employment in the United States of every employee who is employed by the employer in this state. Regardless of the date that a license is to be renewed, any employer that has a license on the effective date of this section shall submit a signed affidavit with the agency within one year after the effective date of this section"
Line 42, strike "business entity" insert "employer"
Line 43, strike "business entity" insert "an employer"
Line 44, after the second "FALSE" insert ", or after filing the sworn affidavit knowingly takes action to violate the sworn affidavit"
Page 7, line 1, after "VIOLATION" insert "during a five-year period"; strike "BUSINESS"
Line 2, strike "ENTITY" insert "employer"; strike "five thousand" insert "two thousand five hundred
Line 3, strike "IMMIGRATION"
Line 4, strike "ENFORCEMENT FUND ESTABLISHED BY SECTION 26-103" insert "state general fund"
Line 5, after the period insert "On conviction, the court may suspend any license that is held by the employer that is necessary to operate a business in this state."
Line 6, after "VIOLATION" insert "during a five-year period"
Page 7, line 8, strike "BUSINESS ENTITY" insert "employer"
Line 9, strike "ten " insert "five"
Lines 10 and 11, strike "IMMIGRATION ENFORCEMENT FUND ESTABLISHED BY SECTION 26‑103" insert "state general fund"
Line 12, after the period insert "On conviction, the court may suspend any license that is held by the employer that is necessary to operate a business in this state."
Line 13, after "VIOLATION" insert "during a five-year period"; strike "BUSINESS"
Line 14, strike "ENTITY" insert "employer"; strike "ONE"; strike "fifteen" insert "five"
Line 16, strike "IMMIGRATION ENFORCEMENT FUND ESTABLISHED BY SECTION 26-103" insert "state general fund"
Line 17, after the period insert "On conviction, the court shall revoke any license that is held by the employer that is necessary to operate a business in this state."
Line 18, strike "A BUSINESS ENTITY" insert "an employer"
Line 20, strike "BUSINESS ENTITY" insert "employer"
Strike lines 22 through 40, insert:
"D. For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date.
E. If an employer has more than one license and has filed more than one affidavit under this section, the employer may only be prosecuted for a violation of this section based on one affidavit per incident.
41-1080.02. Employment relationship; interpretation; employer actions; federal law compliance
A. Under this article, the existence of an employment relationship shall be interpreted consistently with other employment statutes and common law principles.
B. This article shall not be construed to require an employer to take any action that the employer believes in good faith would violate federal law."
Renumber to conform
Page 10, line 34, strike "who is knowingly hired by the taxpayer"
Line 36, after the period strike remainder of line; strike lines 37 through 43, insert "this paragraph only applies to a taxpayer that knowingly employs an unauthorized alien. For the purposes of this paragraph:
(a) "Knowingly employs an unauthorized alien" means the actions described in 8 United States Code section 1324a.
(b) "Unauthorized alien" means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 United States code section 1324a(h)(3).
Sec. 5. Appropriation; attorney general enforcement; exemption
A. The sum of $500,000 is appropriated from the state general fund in fiscal year 2007-2008 to the attorney general for the purpose of enforcing any immigration related matters and sections 23-212, 23-213 and 41-1080.01, Arizona Revised Statutes, as added by this act.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Sec. 6. Appropriation; county attorney enforcement; exemption
A. The sum of $2,500,000 is appropriated from the state general fund in fiscal year 2007-2008 to the department of administration to be distributed to the county attorneys in this state for the purpose of enforcing any immigration related matters and sections 23-212, 23-213 and 41‑1080.01, Arizona Revised Statutes, as added by this act. The department of administration shall distribute these monies to each county attorney as follows:
1. $1,500,000 to each county attorney of a county in this state having a population of one million five hundred thousand or more persons as determined by the most recent United States decennial census.
2. $500,000 to each county attorney of a county in this state having a population of eight hundred thousand or more persons but less than one million five hundred thousand persons as determined by the most recent United States decennial census.
3. The remainder of monies to be distributed as equally as possible to each county attorney of counties in this state having a population of less than five hundred thousand persons as determined by the most recent United States decennial census.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations."
Renumber to conform