Bill Amendment: AZ HCR2060 | 2024 | Fifty-sixth Legislature 2nd Regular
Bill Title: Border; benefits; fentanyl; illegal entry
Status: 2024-05-23 - Transmit to House [HCR2060 Detail]
Download: Arizona-2024-HCR2060-HOUSE_-_Appropriations.html
Fifty-sixth Legislature
Second Regular Session
COMMITTEE ON APPROPRIATIONS
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.C.R. 2060
(Reference to printed resolution)
Page 1, line 21, strike "disbursement requirement" insert "enrollment and removal requirements"
Line 22, after "concern" insert "; definition"
Line 23, after "A." insert "On or after January 1, 2026,"
Line 27, strike "disbursing public welfare monies" insert "enrolling the recipient in the public welfare program unless state law expressly states that a person without lawful immigration status is eligible for the financial aid or benefit"
Between lines 29 and 30, insert:
"B. on or before January 1, 2029, each city or town shall use the e-verify program to confirm that each non-United States citizen who is receiving financial aid or any benefit through a public welfare program is lawfully present in the United States under federal law. If a city or town cannot verify the lawful presence of an adult recipient, the city or town shall PROMPTLY remove the RECIPIENT from the public welfare PROGRAM and discontinue the provision of financial aid or benefit to that recipient unless state law expressly states that a person without lawful immigration status is eligible for the financial aid or benefit."
Reletter to conform
Between lines 33 and 34, insert:
"d. For the purposes of this section, "Public welfare program" means any program administered by a city or town that provides an individual with financial aid in the amount of at least $500 per year or any benefit with a value of at LEAST $500 per year, including benefits that relate to health, disability, public or assisted housing, food assistance or unemployment."
Page 1, line 37, strike "disbursement requirement" insert "enrollment and removal requirements"
Line 38, after "concern" insert "; definition"
Line 39, after "A." insert "On or after January 1, 2026,"
Line 43, strike "disbursing public welfare monies" insert "enrolling the recipient in the public welfare program unless state law expressly states that a person without lawful immigration status is eligible for the financial aid or benefit"
After line 44, insert:
"B. on or before January 1, 2029, each county shall use the e-verify program to confirm that each non-United States citizen who is receiving financial aid or any benefit through a public welfare program is lawfully present in the United States under federal law. If a county cannot verify the lawful presence of an adult recipient, the county shall PROMPTLY remove the RECIPIENT from the public welfare PROGRAM and discontinue the provision of financial aid or benefit to that recipient unless state law expressly states that a person without lawful immigration status is eligible for the financial aid or benefit."
Reletter to conform
Page 2, between lines 4 and 5, insert:
"d. For the purposes of this section, "Public welfare program" means any program administered by a county that provides an individual with financial aid in the amount of at least $500 per year or any benefit with a value of at LEAST $500 per year, including benefits that relate to health, disability, public or assisted housing, food assistance or unemployment."
Line 8, after "classification" insert "; definition"
Line 10, strike "by committing" insert "when the person, acting alone or in conjunction with another person, commits"
Line 11, after "offense" strike remainder of line
Line 12, strike "association with any person who has" insert "with"
Line 13, strike "person from using" insert "person's duty to use"
Page 2, between lines 14 and 15, insert:
"B. An employer commits obstruction of the legal duty to use e-verify if the employer KNOWINGLY refuses to verify the employment eligibility of a person through the e-verify program as required in section 23-214 when the employer knows or has reason to know that the person is not lawfully present in the United States under federal law."
Reletter to conform
Line 15, strike "person who violates" insert "violation of"; strike "guilty of"
Between lines 16 and 17, insert:
"d. For the purposes of this section, "Employer" has the same meaning prescribed in section 23-211."
Page 4, line 5, after "employers" insert "; attorney general; county attorney; civil penalty; affirmative defense; applicability"
Line 6, after "2007," insert "Through December 31, 2025,"
Line 7, strike "independent contractor or subcontractor"
Line 8, strike the comma
Line 9, strike "independent contractor or subcontractor"
Lines 11 and 12, strike ", independent contractor's or subcontractor's"
Between lines 13 and 14, insert:
"B. On or after January 1, 2026, every employer, after hiring an employee, independent contractor or subcontractor, except for an INDEPENDENT contractor or subcontractor that is paid less than $600 per year by the employer or that has received employment authorization documents from the federal government, shall verify the employment eligibility of the employee, independent contractor or subcontractor through the e-verify program and shall keep a record of the verification for the duration of the employee's, independent contractor's or SUBCONTRACTOR'S employment or at least three years, whichever is longer. This subsection does not apply to direct sellers as defined in 26 United States Code section 3508(b)(2)."
Reletter to conform
Page 4, after line 43, insert:
"E. On or after January 1, 2026, on receipt of a complaint alleging that an employer knowingly refused to verify the employment eligibility of a person as required under subsection A or B of this section, the attorney general or county attorney shall investigate whether the employer violated subsection A or B of this section and any other provision of this article. The county sheriff or any other local law enforcement agency may assist in the investigation of the complaint.
F. On or after January 1, 2026, if, after an investigation, the attorney general or county attorney determines that an employer KNOWINGLY violated this section and intentionally or KNOWINGLY employed an unauthorized alien in violation of section 23-212 or 23-212.01, the attorney general or the county attorney for the county in which an alleged violation of this article occurred may file an action in superior court to enforce this section.
G. On or after January 1, 2026, if the superior court finds that an employer KNOWINGLY violated this section and that the EMPLOYER'S violation of this section caused the employer to violate section 23-212 or 23-212.01, the employer is liable for a civil penalty of not more than $10,000 for each UNAUTHORIZED alien employed in violation of this article. The superior court shall order the civil penalties to be paid as follows:
1. For civil penalties ordered in an action filed by the attorney general, to the office of the attorney general to defray the costs of enforcement.
2. For civil penalties ordered in an action filed by the county attorney, to the office of the county treasurer for deposit in the county general fund.
H. On or after January 1, 2026, the civil penalties prescribed by subsection G of this section are supplementary to the provisions of this article.
I. On or after January 1, 2026, it is an affirmative defense in an action under this section that the employer complied in good faith with the requirements of 8 United States Code section 1324 (a) and (b). An employer is considered to have complied with the requirements of 8 United States Code section 1324 (a) and (b) notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements if the employer made a good faith attempt to comply with the requirements.
J. On or after January 1, 2026, this section does not:
1. Require an independent contractor or subcontractor to conduct a self-verification.
2. Require an employer to use the e-verify program for an employee, independent contractor or subcontractor if the employer has already confirmed that the employee, independent contractor or subcontractor is eligible for employment through the e-verify program."
Page 5, line 6, after "A." insert "On or after January 1, 2026,"
Between lines 16 and 17, insert:
"Sec. 7. Title 41, chapter 57, Arizona Revised Statutes, is amended by adding article 2, to read:
ARTICLE 2. PUBLIC PROGRAMS
41-5911. E-verify program; public welfare monies; enrollment and removal requirements; statewide concern; definition
A. On or after January 1, 2026, if a state agency receives state monies for which a portion is used to fund any public welfare program, the state agency shall verify that an adult RECIPIENT is lawfully present in the United States under federal law by using the e-verify program before enrolling the RECIPIENT in the program unless state law expressly states that a person without lawful immigration status is eligible for the financial aid or benefit and shall keep a record of the verification for at least three years.
B. on or before January 1, 2029, each state agency shall use the e-verify program to confirm that each non-United States citizen who is receiving financial aid or any benefit through a public welfare program is lawfully present in the United States under federal law. If a state agency cannot verify the lawful presence of an adult recipient, the state agency shall PROMPTLY remove the RECIPIENT from the public welfare PROGRAM and discontinue the provision of financial aid or benefit to that recipient unless state law expressly states that a person without lawful immigration status is eligible for the financial aid or benefit.
c. Due to the economic and fiscal impact of illegal immigration on this state, regulation of public welfare programs that use state monies is a matter of statewide concern.
d. For the purposes of this section, "Public welfare program" means any program administered by a state agency that provides an individual with financial aid in the amount of at least $500 per year or any benefit with a value of at LEAST $500 per year, including benefits that relate to health, disability, public or assisted housing, food assistance or unemployment."
Renumber to conform
Amend title to conform
