Official Publication of the Arizona Newspapers Association for distribution to all employees of ANA-member newspapers
A N Ag r a m s
A community newspaper for community newspaper people. December 2007
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Employer Sanctions Law effective Jan. 1
Briefs
Arizona Press Release Service begins operation ANA is now offering an electronic press release service. Let us help you distribute your press release. Arizona Press Release service: Convenient, consistent and cost-effective. Please contact Sharon Schwartz at (602) 261-7655 ext. 108 or s.schwartz@ananews.com for more information. ANA welcomes three more The Arizona Newspapers Association welcomes the Arizona Informant, the Arizona Jewish Post and the Vail Sun to its membership. Navajo Times founder dies Marshall Tome, who is remembered best for his role in the creation of the Navajo Times, died Nov. 23 at the age of 85 from pneumonia. Casa Grande Dispatch introduces Sunday issue October 28, 2007 marked the inaugural edition of the Sunday Casa Grande Dispatch. The Casa Grande Dispatch began in 1914 as a weekly. The Dispatch is now published Tuesday through Sunday and is the last family owned and operated daily in Arizona. Winslow Mail closes The very last issue of the Winslow Mail and Reminder was published Nov. 13, 2007. Bullhead City must release documents News West Publishing Company, parent of the Mohave Valley Daily News, has sued Bullhead City over unreleased public records related to the sexual harassment complaints filed against city employees in January. Nine Bullhead City employees were placed on leave, with six either resigning or being terminated. Mohave County Superior Court Division 1 Judge Charles W. Gurtler ordered the city of Bullhead City to release undisputed documents to News West Publishing within five court days. So far, the city of Bullhead City has released three documents to News West Publishing Co., as ordered by the courts, but did so in a redacted form the media company’s attorney says doesn’t follow the court order. Former newspaper mogul Conrad Black gets 6+ years for fraud Former newspaper mogul Conrad Black was sentenced Dec. 10, 2007, to six and one-half years in prison for swindling shareholders in his Hollinger International media empire out of millions of dollars.
BY JOHN W. MOODY MILLER, LASOTA & PETERS PLC
During the 2007 legislative session, the Arizona Legislature passed HB2779 (The Legal Arizona Workers Act) and Governor Napolitano signed the bill into law as Laws 2007, Ch. 279, on July 2, 2007 with an effective date of January 1, 2008. This new law, more commonly referred to as the “Employer Sanctions Law” imposes severe sanctions against employers who “knowingly” or “intentionally” employ unauthorized aliens. Several employer and other interest groups have filed a lawsuit in the U.S. District Court in Arizona on constitutional grounds to block the enforcement of this law. The case is currently pending before Judge Neil Wake who heard initial arguments on the matter just last month and has indicated that he should be issuing a ruling on the matter prior to the effective date of January 1, 2008. When signing the bill into law, Governor Napolitano also identified a number of perceived “flaws” in the legislation and indicated an interest in calling a special session to allow the Legislature to address those concerns; however, no such special session has been called.
Major components of the new act
I. E-Verify Program. Effective January 1, 2008, ARS § 23-214 requires all Arizona employers to verify the employment eligibility of new employees after they are hired through the internet – based Employment Eligibility Verification Program (called the “Basis Pilot Program” in HB2779) and now called the “E-Verify Program”. The program is administered by the U.S. Department of Homeland Security and the U.S. Social Security Administration and is free of charge. II. Prohibited Acts. ARS § 23-212(A) prohibits an employer from “knowingly” or “intentionally” employing an “unauthorized alien.” ARS § 23-211(6) provides that the “knowingly” standard will be interpreted consistently with the existing federal standard that was enacted in 1986 and includes both actual and constructive knowledge.
The “intentionally” standard is based on the definition found in Arizona’s Criminal Code and provides that a “person’s objective is to cause that result [i.e., employing unauthorized aliens] or to engage in that conduct [i.e., employing unauthorized aliens].” See ARS § 23-211(5), ARS §13-105(9). The statute also makes it a Class 3 felony for taking the identity of another person, real or fictitious, with the intent of obtaining employment. See ARS § 13-2009(A)(3). III. Penalties. ARS § 23-212(F) sets the forth the penalties for “knowingly” or “intentionally” employing” an unauthorized alien as follows: The first time an employer is found to have “knowingly” employed an unauthorized alien: • The employer must terminate the worker, and must sign a sworn affidavit within three days that it has terminated the employment of all
unauthorized aliens and will not in the future knowingly or intentionally employ undocumented workers. All business licenses will be suspended if the affidavit is not timely filed until such an affidavit is filed. • The Court may order the employer’s business license to be suspended for up to 10 days. • The employer will be subject to a three-year probationary period, during which it must file quarterly reports with the County Attorney listing each new employee hired by the employer at the specific location where the unauthorized worker performed work. If the employer knowingly or intentionally employs an unauthorized worker during the probationary period, the employer’s business license(s) will be permanently revoked. If an employer is found to have CONTINUED ON PAGE 3
ANA creates political tab For the upcoming political season, the Arizona Newspapers Association has developed a marketing piece that promotes political advertising in newspapers. Arizona newspapers are a destination for voters seeking election information. ANA’s political tabloid will be delivered to legislators, political action committees, ad agencies and others, as well as member newspapers to use as a sales tool. The political tab will be available for members beginning January 7, 2008. If your office would like copies, contact Communications Manager Perri Collins at (602) 261-7655 ext. 110. ANAgrams Arizona Newspapers Association 1001 N. Central Avenue, Suite 670 Phoenix, AZ 85004 - 1947
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