[TexasSP]

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1 C. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1
2 MISDEMEANOR AND IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS, EXCEPT
3 THAT A VIOLATION OF THIS SECTION THAT INVOLVES TEN OR MORE ILLEGAL ALIENS IS
4 A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND
5 DOLLARS FOR EACH ALIEN WHO IS INVOLVED.
6 Sec. 6. Section 23-212, Arizona Revised Statutes, is amended to read:
7 23-212. Knowingly employing unauthorized aliens; prohibition;
8 false and frivolous complaints; violation;
9 classification; license suspension and revocation;
10 affirmative defense
11 A. An employer shall not knowingly employ an unauthorized alien. If,
12 in the case when an employer uses a contract, subcontract or other
13 independent contractor agreement to obtain the labor of an alien in this
14 state, the employer knowingly contracts with an unauthorized alien or with a
15 person who employs or contracts with an unauthorized alien to perform the
16 labor, the employer violates this subsection.
17 B. The attorney general shall prescribe a complaint form for a person
18 to allege a violation of subsection A of this section. The complainant shall
19 not be required to list the complainant's social security number on the
20 complaint form or to have the complaint form notarized. On receipt of a
21 complaint on a prescribed complaint form that an employer allegedly knowingly
22 employs an unauthorized alien, the attorney general or county attorney shall
23 investigate whether the employer has violated subsection A of this section.
24 If a complaint is received but is not submitted on a prescribed complaint
25 form, the attorney general or county attorney may investigate whether the
26 employer has violated subsection A of this section. This subsection shall
27 not be construed to prohibit the filing of anonymous complaints that are not
28 submitted on a prescribed complaint form. The attorney general or county
29 attorney shall not investigate complaints that are based solely on race,
30 color or national origin. A complaint that is submitted to a county attorney
31 shall be submitted to the county attorney in the county in which the alleged
32 unauthorized alien is or was employed by the employer. The county sheriff or
33 any other local law enforcement agency may assist in investigating a
34 complaint. When investigating a complaint, the attorney general or county
35 attorney shall verify the work authorization of the alleged unauthorized
36 alien with the federal government pursuant to 8 United States Code section
37 1373(c). A state, county or local official shall not attempt to
38 independently make a final determination on whether an alien is authorized to
39 work in the United States. An alien's immigration status or work
40 authorization status shall be verified with the federal government pursuant
41 to 8 United States Code section 1373(c). A person who knowingly files a
42 false and frivolous complaint under this subsection is guilty of a class 3
43 misdemeanor.
S.B. 1070